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OUR  REPUBLIC 


A  tp:xt-bo<)k  upox  the 


CIVIL  GOVERiNMENT  OF  THE  UNITED  STATES, 


HIS  TORI  C   I A  TRODUC  TI  ON, 


Prof.   M.   B.   C.   TRUE, 

Superintendent  of  Schools,  North  Loup,  Nebraska,  and 
Author  of  "A  Civii,  Government  of  Nebraska." 


Hon.   JOHN   W.   DICKIXSON, 

Secretary  of  the  Massachusetts  Board  of  Education. 


LEACH,    SHEWELL,    &    SANBORN; 

BOSTON   AND   NEW   YORK. 


C,,i>}jriijht,  1S88, 
M.  B.    C.   TKUK  AND  J.  W.   DICKIXSON. 


TyroGRAPHT  BT  J.  S.  Gushing  &  Co.,  Boston. 


m\     1 9^ 


ff'O 


PREFACE. 

The  written  constitution  of  the  United  States,  like  the  con- 
stitutions of  the  individual  states  of  the  Union,  is  simply  the 
framework  of  the  government.  Many  of  its  provisions  are  so 
general  as  to  be  adapted  to  a  very  wide  application.  On  this 
acconnt  the  stud}-  of  the  constitution  gives  an  indefinite  and 
sometimes  an  incorrect  idea  of  the  machinery  actually  employed 
to  apply  and  enforce  its  mandates. 

A  commentary  upon  the  constitution  of  the  ITnited  States 
gives  a  faint  idea  only  of  the  government  as  it  has  developed 
under  the  hand  of  the  statesman.  The  details  of  a  government 
are  always  more  important  to  the  average  citizen  and  average 
student  than  are  the  theories  of  government  that  may  be  de- 
duced from  its  written  constitution.  It  is  therefore  the  object 
of  this  treatise  to  place  before  the  student  such  a  statement 
of  the  actual  agencies  of  the  government  of  the  nation  as 
shall  enable  him  the  better  to  understand  the  silken  bonds  of 
authority  which  restrain,  though  unseen. 

The  plan  of  the  work  does  not  contemplate  a  reference  to 
all  minor  details,  though  nothing  deemed  important  has  been 
omitted. 

In  tlie  preparation  of  the  volume  yre  have  endeavored  to 
respond  to  the  growing  and  strengthening  sentiment  of  Ameri- 
can educators,  favoring  a  more  general  and  systematic  study 

^  cr 0  0^/10 


IV  PREFACE. 

of  civil  government,  in  a  way  adapted  to  the  coninion  schools, 
and  to  anticipate  the  day  when  the  government  of  the  state 
shall  be  studied  before  that  of  the  nation  shall  be  taken  up. 
The  details  of  all  the  governing  agencies  and  functions  of  the 
state  may  safely  and  properly  be  taught  in  the  last  years  of 
the  grammar  school  course.  The  study  of  tlie  national  gov- 
ernment may  be  reserved  for  the  high  schools  and  academies. 
We  have  no  doubt  that  such  an  order  of  study  of  this  branch 
of  human  knowledge  will  be  generally  adopted  at  no  distant 
day. 

In  addition  to  the  details  of  the  government,  enough  com- 
ment lias  been  supplied  to  make  the  theory  of  government,  as 
generally  accepted,  clear  and  complete. 

The  scattered  provisions  of  the  national  constitution,  bear- 
ing likeness  to  the  Bill  of  Rights  of  the  state  constitutions,  are 
collected  and  arranged  connectedly.  They  are  mostly  written 
in  the  technical  language  of  the  law-books,  but  we  have  tried 
to  make  them  clear  to  the  student  by  explanatory  notes. 

It  is  expected  that  the  Historic  Introduction  will  l)e  read  by 
all  students.  It  is  new  to  a  text-book  in  civil  government. 
How  much  time  shall  be  given  to  it  as  a  study  must  depend 
upon  the  age  and  recpiirements  of  the  class  and  the  time  at  the 
disposal  of  the  teacher. 

In  the  treatment  of  the  states,  let  it  be  remembered  that  the 
laws,  usages,  and  customs  are  somewhat  diverse,  the  oflicials 
sometimes  differing  in  name,  and  having  different  functions. 
Hence  the  authors  are  not  often  able  to  go  very  much  into  de- 
tails, and  many  of  the  statements  should  be  supplemented  by 
the  teacher  so  as  to  adapt  such  a  book  to  the  different  parts  of 
our  great  Union  of  States.  THE  AUTHORS. 


CONTENTS. 


Historic  Introduction 
Preamble  ok  the  Constitution 
Bill  of  Rights   . 
The  State   . 

Officers    . 

Legislature 

Judiciary 

C'ounty    . 

City 

Town,  Village,  or  Borough 

Laws 

Education 

IMarriage 

Parents  and  Children 

Taxes 

Juries 

Militia     . 

Prisons,  Asylums,  etc. 

Wills        .    "     . 

Contracts 

Partnership     . 

Mortgages 

Liens 

Leases 

Sales 

Receipts  and  Notes 

Interest  and  Agency 

Insurance 

Railroads 

Canals     . 


VI 


CONTENTS, 


Civil  Polity        .... 
Division  of  Powers  . 

Legislative  Department 
Powers  of  Congress 
Restrictions  upon  Congress 
Administrative  Department  . 
The  President 

Qualifications    . 

Powers  and  Duties  . 
The  Departments    . 

Department  of  State 

Bureaus     . 
Department  of  the  Treasury 

Bureaus     . 

The  Revenue  System 

The  Light-house  Service 

The  Mint 

National  Banks 
Department  of  War 

Bureaus     . 

The  Army 

The  Military  Academy 
Department  of  the  Navy 

Bureaus    . 

The  Naval  Academy 

The  Navy 
Department  of  the  Interior 

Bareaus     . 

Patents 

The  Public  Lands    . 
Department  of  the  Post-OfRce 

Bureaus     . 

INIoney  Orders  . 

Letter  Registry 

Immediate  Delivery 

Dead-letter  Office 

Postage 
Department  of  Justice    , 


CONTENTSo 


Vll 


Division  of  Powkrs. 

The  Dejiartnients.                                                                            page 

Miscellaneous  .        , 168 

Naturalization  , 

168 

Copyrights 

169 

Smithsonian  Institution  . 

170 

Inter-State  Commerce  Commission.' 

171 

Judicial  Department 

174 

Supreme  Court 

174 

Circuit  Courts 

174 

District  Courts 

175 

Supreme  Court  of  the  ])i.>trict  of 

Coki 

mbia 

175 

Court  of  Claims      . 

176 

Territorial  Courts    . 

176 

Officers  of  the  Courts     . 

.     176 

Trials 

.     178 

Jurisdiction  of  the  United  States 

Com 

Is 

179 

Impeachment   .... 

.     185 

Relations  of  the  States 

187 

Prohibitions  upon  the  States 

188 

Prohibitions  upon  the  United  States 

198 

Constitutional  Commands 

204 

Amendments  to  the  Constitution 

209 

Civil  Service 

212 

Appendix       .... 

215 

Declaration  of  Rights 

215 

Articles  of  Confederation 

221 

Declaration  of  Independence 

232 

Constitution     . 

239 

Index     

261 

HISTORIC   INTRODUCTION. 


jXKo 


"NVe  tuo  now  near  the  four-huudredth  year-stoue  in  the  histoiT 
of  the  United  States.  Cohimbus  discovered  America,  October 
12,  1492.  The  great  discoverer  did  not  visit  the  mainland  of 
North  America,  but  his  discovery  was  the  initial  act  that  pro- 
duced the  present  nation.  Before  him,  other  Europeans  had 
visited  the  present  boundaries  of  the  original  thirteen  colonies, 
but  their  visitations  were  not  related  in  any  way  to  the  present 
condition  of  affairs.  The  Xortlimen  came  and  went,  but  they 
left  little  trace  of  tlieir  coming.  After  Columbus,  there  was 
an  era  of  explorations  extending  over  a  period  of  more  than 
one  hundred  years.  Sebastian  Cabot  examined  the  eastern 
shores  of  Nortli  America,  from  the  mouth  of  the  St.  Lawrence 
river  to  Albemarle  sound,  in  1498.  Tiiiiteen  years  afterwards, 
on  Easter  Sunday,  Ponce  de  Leon  stepped  upon  the  fertile  soil 
of  the  peninsula  which  he  fitly  named  Florida.  In  1520,  Vas- 
quez  de  Ayllou,  a  Spanish  adventurer  and  pirate,  visited  South 
Carolina  in  search  of  slaves.  He  enticed  a  large  number  of 
Indians  on  board  his  vessel  and  took  them  to  Hayti.  This  was 
the  beginning  of  the  slave-trade  in  the  United  States.  John 
Verrazzauo,  in  1524,  landed  near  Wilmington,  in  North  Caro- 
lina, on  a  tour  of  explorations.  He  examined,  the  coast  some 
distance  to  the  south,  and  northward  to  Nova  Scotia.  New 
York  bay  and  Narragansett  bay  are  two  inlets  of  the  ocean 
which  he  explored.  Stephen  Gomez,  a  former  companion  of 
Magellan,  a  few  years  later  sailed  along  the  coast  of  the 
middle  and  northern  states  in  search  of  a  north-western  passage 


2  HISTORIC    INTRODUCTION. 

to  the  Pacitic  ocean.  Failing  in  his  search,  he  imitated  the 
southern  pirate,  Ayllon,  and  captured  a  ship-load  of  Indians 
to  be  sold  as  slaves.  The  slave-trade,  as  we  see,  was  not  con- 
fined to  the  southern  states. 

In  1541,  Alaryon  sailed  along  the  Californian  coast  nearly 
as  far  north  as  San  Francisco.  In  the  same  year,  Coronado 
passed  up  the  gulf  of  California  and  discovered  Gila  river. 
This  he  followed  eastward,  in  search  of  the  renowned  seven 
cities  of  Cibola.  He  is  said  to  ha^-e  traversed  the  eastern  foot 
of  the  Kocky  Mountains,  and  to  have  wandered  north-easterly 
over  the  great  plains  to  the  fortieth  parallel  of  latitude  and  to 
a  great  river  beyond.  This  would  take  him  through  Kansas 
and  into  the  borders  of  Nebraska.  Another  noted  exploration 
was  begun  in  1539.  In  that  year  Fernando  de  Soto  landed  in 
Florida  and  searched  two  years  for  rich  cities  and  for  mines  of 
the  precious  metals.  He  traversed  Alabama  and  Mississippi, 
and  possibly  Georgia  and  Tennessee.  He  died  near  the  Mis- 
sissippi river,  below  Memphis,  and  was  buried  in  its  waters. 
In  1562,  a  party  of  Huguenots,  under  John  Ribaidt,  attempted 
a  settlement  in  South  Carolina.  The  colony  was  soon  after 
abandoned,  as  the  civil  wars,  then' raging  in  France,  prevented 
the  sending  over  aid  and  reinforcements.  Three  3'ears  after- 
wards, in  1565,  the  Spaniards  founded  St.  Augustine.  This 
was  the  first  permanent  settlement  within  the  boundaries  of  the 
United  States. 

In  1577,  Sir  Francis  Drake  carried  the  English  flag  north- 
ward along  the  western  coast  of  North  America  to  the  present 
state  of  Oregon.  The  second  permanent  settlement  was  made 
by  the  Spanish,  at  Sante  Fe,  New  Mexico,  in  1582.  In  1584, 
Sir  Walter  Raleigh  sent  two  vessels  with  emigrants,  under 
Philip  Amidas  and  Arthur  Barlow,  to  make  a  settlement  near 
the  mouth  of  the  Potomac  river.  The  colonists  were  driven 
southward  io  the  coast  of  North  Carolina,  where  they  traded 
with  the  Indians  ;  but  they  returned  to  ICngland  without  mak- 


HISTORIC    INTRODUCTION.  3 

ing  a  settlement.  They  gave  such  a  glowing  description  of  the 
conntiy  that  it  captivated  Queen  Elizabeth,  who  named  the 
conntiT  A^irginia.  The  next  year,  another  colony  was  sent 
over  under  Sir  Richard  Grenville.  The  party  barely  escaped 
shipwreck  at  the  mouth  of  Cape  Fear  river,  whence  they  gave 
it  its  name.  The  colonists  debarked  on  Koanoke  island,  in 
Albemarle  sound.  They  remained  there  only  a  year,  when 
they  returned  to  England.  Two  years  afterwards,  John  AVhite 
led  a  colony  of  settlers  to  the  same  place  and  founded  a  city  to 
which  was  given  the  name  Raleigh.  White  left  the  colony  and 
returned  to  P>ngland  for  supplies  and  additional  colonists.  He 
did  not  return  for  three  years  ;  he  then  found  the  place  deserted 
and  no  trace  of  the  colonists  left.  Their  fate  has  never  been 
learned.  Among  them  was  a  grand-daugliter  of  White,  named 
\'irginia  Dare,  said  to  be  the  first  child  of  English  parents  l)orn 
within  the  present  boundaries  of  the  thirteen  original  colonies. 

In  lf)02,  Bartholomew  Gosuold  visited  the  coast  of  New 
England.  He  gave  the  name  to  Cape  Cod  after  the  name  of 
tile  lisli  which  he  caught  near  its  shore.  The  next  year,  Martin 
Pring  explored  the  coast  from  Maine  to  Martha's  Vineyard,  and 
was  followed,  two  years  later",  by  George  Weymouth,  in  nearly 
the  same  course.  In  1607,  George  Popham  came  over  with  a 
colony  for  settlement  in  "North  Virginia."  They  erected  a 
fort  at  the  mouth  of  the  Kennebec  river,  and  named  it  Fort  St. 
George.  The  death  of  their  leader  and  the  extreme  severity  of 
the  following  winter  so  discouraged  them  that  the'y  returned  to 
England  the  next  spring.  In  1614,  John  Smith,  having  already 
had  an  eventful  career  with  the  Virginian  colony,  sailed  from 
England  with  two  shii)s.  He  made  a  temporary  settlement  on 
the  island  of  Monhegan,  off  the  coast  of  Maine.  Leaving  a 
portion  of  his  men  here,  he  made  an  exploration  of  the  coast 
as  far  south  as  Cape  Cod.  He  gave  the  name  New  England  to 
the  country  ;  a  name  which  the  king  confirmed. 


HISTOEIC    INTRODUCTION. 


EARLY    SETTLEMENTS. 


Virginia.  —  In  1606,  King  James  granted  charters  to  two 
companies.  To  the  London  Company,  composed  of  "noble- 
men, gentlemen,  and  merchants,"  he  granted  territory  extend- 
ing north  and  south  between  the  thirty-fourth  and  thirty-eighth 
parallels  of  latitude  —  about  from  the  mouth  of  Cape  Fear 
river  to  the  mouth  of  the  Potomac  river,  —  to  be  called  South 
Virginia.  To  the  Plymouth  Company,  composed  of  "knights, 
gentlemen,  and  merchants,"  was  granted  territorv  between  the 
forty-first  and  forty-fifth  parallels  of  latitude  —  about  from 
the  latitude  of  New  York  city  to  the  mouth  of  St.  Croix 
river,  —  to  be  called  North  Mrginia.  The  three  degrees  be- 
tween the  two  grants  was  reserved  as  neutral  ground,  but 
was  open  to  settlement  by  both  companies,  with  the  condition 
that  neither  company  should  settle  within  one  hundred  miles  of 
any  settlement  previously  made  by  the  other  company.  Under 
the  charters,  each  Virginia  was  to  be  governed  by  a  council,  ap- 
pointed by  the  king,  composed  of  residents  of  England.  The 
local  affairs  of  the  colony  were  to  be  managed  by  a  council,  res- 
idents of  the  colony,  and  also  appointed  by  the  king.  Each 
local  council  was  to  choose  a  presiding  officer,  or  head,  who 
should  be  governor  of  the  colon}'.  No  civil  or  political  rights 
were  given  to  the  colonists,  and  the  products  of  their  labor  were 
to  be  shared  in  common.  A  settlemeut  was  made  at  James- 
town, Virginia,  under  the  charter,  in  1607.  Two  years  after- 
wards, an  amendment  was  made  to  the  charter,  by  which  the 
territory  was  extended  so  as  to  include  North  Carolina  and 
Maryland,  and  to  extend  westward  without  limit.  T4ie  amend- 
ment also  changed  the  character  of  the  government  somewhat. 
The  council  was  to  l)e  choseu  by  the  company,  with  power  to 
make  laws  and  to  appoint  a  governor  who  should  supersede  the 
local  council.  In  1611,  tlie  governor,  Sir  Thomas  Dale,  as- 
signed to  each  settler  a  delinite  tract  of  land,  and  the  comma- 


HISTORIC   INTRODUCTION.  5 

uity  of  goods  was  abandoned.  A  third  charter,  granted  in  1G12, 
abolislied  the  council  resident  in  England,  and  the  conipau}' 
governed  the  colony  more  directly  through  a  governor  of  its 
own  appointment.  In  IGli),  GoA'ernor  Yeardley  introduced  a 
representative  feature  into  the  government,  and  in  that  year, 
the  first  American  legislatiA^e  body  representing  the  people 
asseml)led  at  Jamestown.  This  act  of  Governor  Yeardley  was 
confirmed  two  years  later,  when  a  written  constitution  was 
granted,  vesting  the  government  of  the  colony  in  a  governor 
and  council  appointed  by  the  company,  and  a  general  assembly 
elected  by  the  people.  This  assembly  was  to  consist  of  two 
members  from  each  borough,  and  to  meet  annually.  In  1024, 
the  king  took  away  the  charter  of  the  company  and  governed 
the  colony  as  a  royal  province.  The  governing  agency  con- 
sisted of  a  governor,  twelve  councilors  appointed  by  the  king, 
and  tlie  legislative  assembly  which  was  retained. 

Massachusetts. — The  attempt  of  George  Popham  and  his 
associates  to  found  a  colony  at  the  mouth  of  the  Kennebec 
river  was  the  only  attempt  of  the  kind  made  by  the  Plymouth 
Company  under  its  charter  of  1606.  In  1620,  the  company  was 
dissolved,  and  a  new  compan}^  formed  as  the  Council  of  Ply- 
mouth, under  a  new  charter,  that  granted  territory  from  the 
fortieth  to  the- forty-eighth  parallel  of  latitude,  extending  from 
near  Philadelphia  to  the  bay  of  Chaleurs,  and  from  the  Atlantic 
to  the  Pacific  oceans.  In  the  same  year  that  this  new  charter 
was  given,  a  settlement  was  made  witliin  its  territory  and  with- 
out its  knowledge.  The  Pilgrims  landed  at  Plymouth,  Decem- 
ber 21,  1620.  Before  leaving  the  Mayjioicer,  its  forty-one 
male  immigrants  signed  a  written  agreement  to  obey  such  laws 
as  might  be  enacted  for  the  common  good.  The  form  of  gov- 
ernment was  very  simple.  The  governor  was  chosen  by  the 
people,  and  he  had  one  assistant.  The  number  of  assistants 
was  afterwards  increased  to  five,  and  then  to  seven.  The  leg- 
islature was  the  whole  body  of  the  male  inhabitants.     This  was 


6  HISTORIC   INTRODUCTION. 

a  very  near  approach  to  a  pure  democrac}'.  In  1639,  the  in- 
crease in  the  number  of  the  inhabitants  compelled  a  resort  to  a 
representative  legislature,  each  town  sending  one  deputy.  For 
two  years  after  the  settlement  at  Plymouth,  the  settlers  shared 
their  goods  and  the  products  of  their  industry  in  common.  In 
the  third  season,  land  was  assigned  to  each  settler,  resulting  in 
greater  industry  and  thrift. 

As  early  as  1613,  a  French  colony  was  found  at  Mt.  Desert 
island,  off  the  coast  of  Maine,  by  Captain  Argol,  of  Virginia, 
and  broken  up.  A])out  the  time  that  the  landing  was  effected 
on  Plymouth  Rock,  a  few  weak  settlements  were  made  along 
the  coast  of  Maine,  and  they  gained  strength  slowly.  In  the 
meantime,  the  Council  of  Plymouth  granted  portions  of  this 
territory,  from  the  Piseataqua  river  to  the  Penobscot  river,  to 
several  companies.  As  this  territory,  in  the  boundaries  named, 
had  already  been  granted  to  Gorges,  serious  controversies  arose 
over  them.  In  1639,  Saco  was  a  thriving  village.  In  1626,  a 
small  colon}-  located  at  Naumkeag,  the  Indian  name  for  the 
present  city  of  Salem,  in  Massachusetts.  A  portion  of  this 
colony  removed  to  Charlestown  the  following  year.  In  1628, 
a  hundred  Puritans  under  John  Endicott  were  added  to  the 
colony  at  Salem,  sent  out  by  a  company  that  obtained  privileges 
from  the  Council  of  Plymouth.  In  1629,  this  company  re- 
organized under  the  name  "The  Governor  and  Company  of 
Massachusetts  Ba}-,  in  New  England,"  and  obtained  a  charter 
directly  from  the  king.  Tliis  charter  vested  the  executive 
government  in  a  governor,  a  deputy-governor,  and  a  council  of 
eighteen,  with  the  legislative  power  reserved  to  tlie  proprietors. 
The  same  year,  the  company  sent  additional  colonists  to 
Charlestown,  and,  in  1630,  ap[)ointed  John  Winthrop  governor 
and  sent  eight  hundred  colonists  with  him.  These,  with  the 
several  hundreds  that  soon  followed,  settled  Dorchester,  Rox- 
bury,  Watertown,  Lynn,  Boston  :  the  last-named  became  the 
capital  of  the  colony.    The  following  year,  two  important  rules 


HISTORIC    INTRODUCTLON.  7 

were  adopted  by  the  proprietors:  (1)  only  freemen  could  vote 
for  oHicers,  and  (2)  those  only  could  be  made  freemen  who 
should  belong  to  some  church  wdthin  the  colony.  The  charter- 
boundaries  of  the  colony  of  Massachusetts  bay  were  to  extend 
from  a  point  three  miles  south  of  any  part  of  the  Charles 
river  to  a  point  three  miles  north  of  any  part  of  the  JMerrimac 
river.  As  this  grant  covered  much  of  the  tei-ritory  alread}' 
given  to  (iorges  and  Mason,  it  would  seeui  that  the  source  of 
the  Merrimac  river  was  not  then  known.  In  1G34,  the  towns 
were  allowed  to  send  deputies  to  help  make  laws.  The 
charter  of  this  colony  was  recalled  in  1G84,  and  the  notorious 
Audros  appointed  colonial  governor,  by  James  II.  Upon  the 
accession  of  William  and  Mary,  consequent  upon  the  revolu- 
tion_  of  1688,  Andros  was  sent  out  of  the  province,  and  the 
colouy  resumed  its  old  form  of  government,  under  its  old 
charter.  Upon  the  union  of  the  colonies  of  Plymouth  and 
Massachusetts  bay,  in  1G91,  a  new  charter  was  secured  from 
the  crown,  extending  the  boundaries  so'  as  to  include  a  large 
portion  of  Maine,  over  which  Massachusetts  had  asserted  juris- 
diction very  early,  and  had  purchased,  in  1677,  the  contested 
claims  of  the  heirs  of  Gorges,  so  as  to  make  the  title  comj)lete. 
IJy  this  new  charter,  the  governor  and  other  high  officers  were 
appointed  by  the  king. 

New  Hampshire.  —  A  settlement  was  begun  at  Portsmouth, 
in  162.'],  by  Gorges  and  Mason,  under  a  grant  from  the  Ply- 
mouth Company.  About  the  same  time  another  was  made  at 
Dover,  under  the  same  authority.  In  1641,  the  scattered  settle- 
ments were  united  to  Massachusetts,  and  so  remained  until 
1679,  when  the  colony  was  made  a  royal  province,  governed 
by  a  president  and  council  appointed  l)y  the  king,  and  a  house 
of  representatives  elected  by  the  people.  This  colony  shared 
with  the  others  in  the  oppressions  and  exactions  of  the  Andros 
government.  After  the  colonies  were  freed  from  Andros,  the 
colouy  was  replaced  under  the  jurisdiction  of   Massachusetts. 


8  HISTORIC    INTRODUCTION. 

A  separation  took  place  in  1692,  followed  by  a  reunion,  in 
1699,  which  continued  until  a  final  separation,  in  1741.  Thence- 
forward, until  1776,  the  colony  was  a  roj^al  province. 

New  York. — Henry  Hudson  discovered,  in  1609,  the  river 
that  bears  his  name.  The  first  settlement  was  made  by  some 
Dutch  colonists,  on  jNIanhattan  island,  in  1623,  under  the 
patronage  of  the  Dutch  West  India  Company.  In  1664,  the 
king  of  England  granted  this  district  of  couutr}-,  including  a 
portion  of  Connecticut  and  New  Jersey,  to  his  brother,  Duke 
of  York  and  Albany.  Possession  by  force  was  taken  at  once. 
The  colony  was  ruled  by  a  governor  appointed  by  the  duke. 
In  1683,  an  assembly  of  representatives  was  granted  to  the 
people.  This  assemlily  established  a  charter  of  liberties  which 
became  the  basi^  of  a  representative  government  for  the  colon  v. 
In  1685,  the  duke  became  king  of  England,  and  he  withdrew 
the  privileges  which  he  had  granted  as  duke.  He  forbade  the 
legislative  assembly  and  prohibited  printing-presses  in  the 
colony.  The  notorious  Andros  became  its  governor  at  the  same 
time  that  he  was  sent  to  oppress  the  other  colonies.  In  1691,  a 
successor  to  Andros  arrived,  and  affairs  resumed  their  former 
methods,  the  colony  being  ruled  as  a  royal  province. 

Connecticut.  —  The  Dutch  claimed  the  Connecticut  river  as 
the  boundary  of  their  colony,  and  built  forts  upon  the  river. 
There  were  also  Dutch  settlers  withiu  the  limits  of  the  state  at 
a  very  early  date  and  before  English  colonists  found  it.  The 
first  proprietor  of  Counecticiit,  under  grant  from  the  Council 
of  Plymouth,  was  the  Earl  of  Warwick.  He  transferred  his 
interests  to  Lord  Say  and  Seal  and  Lord  Brooke,  in  1631.  The 
grant  extended  from  the  Narragansett  bay  to  the  Pacific  ocean. 
In  1633,  without  any  authority  from  the  proprietors,  and  with- 
out their  knowledge,  a  small  company  of  emigrants  from  the 
colony  of  Plymouth  established  the  beginning  of  a  colony  at 
Windsor.  The  following  3^ear,  people  flocked  into  the  valley 
of  the  Connecticut  from  many  towns  of  the  Massachusetts  and 


HISTORIC    INTRODUCTION.  9 

Plymouth  colonies,  and  in  1035  settlements  were  made  at 
Wethersfield,  Hartford,  and  other  points.  In  1G39,  the  colo- 
nies of  Windsor,  Hartford,  and  Wethersfield,  finding  them- 
selves outside  the  limits  of  any  colonial  government,  organized 
one  gm'ernment  for  those  colonies,  now  the  Connecticut  colony. 
A  constitution  was  adopted,  providing  for  a  governor,  a  deputy- 
governor,  and  other  magistrates,  and  for  a  legislative  assembly, 
all  to  be  chosen  by  the  freemen  of  the  towns  forming  the  col- 
ony. In  1G38,  New  Haven  was  founded  l)y  a  company  of  set- 
tlers from  London.  The  next  year,  they  organized  a  govern- 
ment, witli  tlie  Jewish  Scriptures  as  tlieir  code  of  laws.  The 
right  to  A'ote  and  to  hold  office  was  restricted  to  church  mem- 
bers. In  1GG.">,  under  a  charter  granted  three  3'ears  previous!}', 
the  colonies  of  Connecticut  and  New  Haven  were  united,  and 
became  the  colony  of  Connecticut.  The  charter  confirmed  the 
privileges  of  the  constitution  of  the  Connecticut  colon}'  of  1G39. 
In  1G87,  upon  his  .arrival  in  the  colony,  Sir  Edmund  Andros 
made  a  demand  upon  the  legislature  for  its  charter.  The  de- 
mand was  evaded,  and  the  debate  was  prolonged  until  tlie  even- 
ing. At  a  signal,  the  lights  were  extinguished,  and  Captain 
Wadsworth  seized  the  charter  from  the  ta])le  and  concealed  it 
in  a  hollow  oak-tree  near  by.  This  tree  became  famous  as  the 
Charter  Oak.  Andros  ruled  the  colony  until  his  expulsion, 
when  the  charter  was  recovered  and  the  old  order  of  affairs  was 
resumed. 

Maryland.  —  Lord  Baltimore  received  from  the  king  a  grant 
of  land  upon  the  Chesapeake  bay.  He  was  a  Roman  Catholic, 
and  desired  to  secure  a  refuge  for  his  co-religionists.  Under  his 
auspices,  a  colony  settled  near  the  present  city  of  Baltimore,  in 
1G34.  The  charter  secured  to  the  colonists  a  share  in  the  legis- 
lation of  the  province,  and  exempted  their  property  from  taxa- 
tion by  the  home  government.  The  first  session  of  the  legislature 
was  an  assemblage  of  the  freemen  of  the  province.  A  repre- 
sentative legislature  was  established  in  1G39.     This  leu'islature 


10  HISTORIC   INTRODUCTION. 

was  afterwards  divided  into  two  bodies  ;  the  members  of  the 
one  (higher)  branch  were  appointed  by  the  proprietor,  and  the 
members  of  the  other  (lower)  branch  were  elected  by  the  people. 
Religious  toleration  was  established  by  law,  in  1649  ;  it  had 
already  existed  as  a  fact  from  the  foundation  of  the  colony. 
Upon  the  accession  of  William  and  Mary  to  the  throne  of  P2ng- 
land,  there  were  doubts  concerning  the  loyalty  of  the  proprietor 
and  people  of  the  province  to  the  new  sovereigns.  The  rights 
of  Lord  Baltimore  were  thereupon  revoked,  and  the  colony 
became  a  royal  province.  In  1715,  the  colony  was  restored  to 
the  heirs  of  Lord  Baltimore,  and  it  remained  a  proprietary  prov- 
ince until  the  Revolution. 

Rhode  Island.  —  Roger  Williams  was  banished  from  the  Mas- 
sachusetts colony,  in  1G36.  He  and  his  associates  betook  them- 
selves to  the  head  of  Narragansett  ba}^,  where  they  obtained 
from  Canonicus  and  Miantonomoh,  the  chief  sachems  of  the 
tribe  of  Narragansett  Indians,  a  tract  of  laud  on  which  Providence 
was  founded.  A  short  time  previous  to  the  arrival  of  Williams, 
a  settlement  had  been  made  b}?  William  Blackstiue  (or  Black- 
stone),  a  few  miles  north,  and  on  the  river  that  bears  his  name. 
The  government  established  by  Williams  was  a  pure  democracy. 
All  its  functions,  executive,  legislative,  and  judicial,  were  exer- 
cised by  the  citizens  assembled  in  a  mass  meeting.  Tlie  majorit}' 
ruled  in  ail  civil  matters.  It  was  ordered  in  the  beginning  that 
the  civil  power  had  no  control  over  the  religious  opinions  of  men. 
In  1638,  William  Coddington  and  a  small  party,  who  had  been 
persecuted  in  Massachusetts,  followed  Williams  to  Providence, 
and  thence  removed  to  the  island  afterwards  called  Rhode 
Island,  which  they  purchased  of  the  Indians.  Both  settlements 
increased  by  the  influx  of  the  persecuted  from  other  colonies. 
The  colony  of  Rhode  Island  adopted  a  government  nearly 
identical  with  that  which  had  been  established  at  Providence, 
but  the  chief  magistrate  was  called  "  judge,"  in  imitation  of  the 
Jewish  ffovernment.     The  two  colonies  remained  distinct  until 


HISTOKIC   INTRODUCTION.  11 

1644,  when  a  charter  was  obtained  which  united  them  into  one 
province.  The  charter  continued  the  control  of  civil  and  re- 
ligious affairs  in  the  hands  of  the  people.  In  1(J47,  some 
changes  were  made  in  the  Corni  of  the  government,  by  reason  of 
the  increase  in  the  number  of  its  iuhaljitants.  "  Freedom  of 
faith  and  worship  was  assured  to  all  —  the  first  formal  and 
legal  establishment  of  religious  libert}'  ever  promulgated, 
whether  in  Europe  or  in  America."  In  1G6.'3,  another  charter  was 
obtained,  which  was  similar  to  the  one  granted  to  the  Connec- 
ticut colony,  and  named  the  colony  "  Rhode  Island  and  Provi- 
dence Plantations."  One  of  the  earliest  laws  passed  by  the 
legislature  of  the  new  colony  restricted  the  suffrage^  to  the 
holders  of  real  estate  of  a  certain  amount  and  to  their  oldest 
sons.  Andros  treated  this  colony  as  he  had  treated  the  other 
northern  colonies,  and  he  took  away  its  charter  and  ruled  it 
through  a  council  appointed  by  himself.  Upon  the  dethrone- 
ment of  King  James  and  the  expulsion  of  Andros,  the  charter 
was  resumed  and  the  former  government  was  re-instated. 

Delaware.  —  This  state  received  its  first  settlers  near  the 
present  city  of  Wilmington,  in  1G38.  Though  not  included  in 
the  grant  to  the  Duke  of  York  and  Albany,  it  was  included  by 
him  in  his  government,  and  was  transferred  by  him  to  ^A'illiam 
Penn,  in  1682.  Thereafter,  until  1702,  it  received  the  same 
treatment  which  Penn  gave  to  his  other  province.  At  that 
date,  1702,  it  was  allowed  to  secede  to  the  extent  that  it  had  a 
separate  legislative  assembly,  though  it  was  still  within  the 
jurisdiction  of  the  governor  of  Pennsylvania. 

The  Carolinas.  —  In  1060,  a  settlement  wos  made  by  a  part}' 
from  some  of  the  New  England  colonies,  at  the  mouth  of  Cape 
Fear  river.  The  colony  did  not  prosper,  and  many  of  its  set- 
tlers deserted  it.  Five  years  later,  a  party  from  the  Barbadoes 
rc-inforeed  the  colony,  and  it  was  thereafter  called  the  Claren- 
don colony.  In  1663,  Lord  Clarendon  and  seven  associates 
received  from  the  king  a  patent  for  a  large  territory  south  of 


12  HISTORIC  INTRODUCTION. 

Virginia.  Two  years  afterwards,  the  patent  was  amended  so  as 
to  extend  the  boundaries  of  the  grant  from  the  northern  hrait 
of  North  Carolina  to  St.  Augustine.  AVhen  the  proprietors 
took  possession,  they  found  the  settlement  already  made  by  the 
New  Engianders,  and  also  a  colony  of  planters  from  Virginia, 
on  Albemarle  sound,  called  the  Albemarle  colony.  This 
latter  colony  had  a  government  giving  to  the  people  liberty  of 
conscience  and  a  voice  in  legislation.  In  1670,  the  Carteret 
colony  was  founded  at  old  Charleston,  and  a  representative 
government  organized.  John  Locke  drew  up  a  grand  model 
of  a  government  for  this  colony.  The  scheme  was  nominally 
in  force  for  twenty-five  j^ears,  but  it  was  never  carried  out,  as 
it  was  not  adapted  to  the  .people  in  then-  condition.  The  three 
colonies  were  but  one  province,  though  they  were  so  distant 
from  one  another  that  they  had  two  governors.  In  1G77,  upon 
an  attempt  to  enforce  the  Navigation  Act  against  a  vessel  from 
New  England,  the  people  of  the  northern  colony  rebelled,  im- 
prisoned the  governor  and  some  of  the  council,  and  organized  a 
temporary  popular  government.  The}'  remained,  in  the  mean- 
time, under  the  dominion  of  the  proprietors,  and  loyal  to  them. 
In  1729,  the  colony  was  divided  into  North  Carolina  and  South 
Carolina,  and  each  became  a  roj^al  province,  with  all  colonial 
officers  appointed  by  the  king. 

New  Jersey.  —  This  was  a  part  of  the  territory  granted  to 
the  Duke  of  York  and  Albany.  The  first  settlement  is  usually 
dated  1(504,  at  Elizabethtown,  by  Puritans.  But,  before  it  was 
granted  to  the  duke,  it  had  been  coveted  by  the  Dutch,  and 
parties  had  settled  upon  its  edge  not  a  very  long  time  after  their 
counti'ymen  had  colonized  Manhattan  island.  The  duke  trans- 
ferred his  claim  to  Lord  Berkeley  and  George  Carteret.  The  pro- 
prietors gave  to  the  colonists  a  liberal  constitution,  in  order  to 
encourage  settlers.  This  provided  for  a  legislature  elected  by 
the  people,  and  a  governor  and  council  appointed  by  the  pro- 
prietors.      In   1G7G,  the   colony  was   divided,  each  proprietor 


IlISTOIUC    INTRODUCTION.  13 

taking  one-half,  and  each  half  having  a  separate  government. 
Andros  took  possession  of  the  two  colonies  when  he  seized  the 
other  northern  colonies,  and  ruled  until  his  deposition,  after 
which  the  former  governments  were  resumed.  In  1702,  the 
l)roprietors  surrendered  their  powers  to  the  crown.  The  king 
re-united  the  two  colonies  as  NeAV  Jersey,  and  placed  the  prov- 
ince under  the  governor  of  New  York,  allowing  the  legislative 
assembly  to  be  retained.  In  1738,  it  was  made  into  a  separate 
province,  and  was  permitted  to  retain  the  constitution  and  form 
of  government  given  to  it  by  the  proprietors. 

Pennsylvania.  — The  territory  was  granted  to  William  Penn  in 
1081,  and  he  at  once  sent  out  a  colony  to  take  possession.  The 
following  year  he  pi-epared  a  form  of  government  for  his  colo- 
nists, vesting  all  power  in  the  proprietor,  or  in  a  governor 
appointed  by  him,  and  in  a  council  and  legislature  elected  by 
the  people.  Among  the  first  laws  passed  by  the  legislature  was 
one  ordering  that  no  one  believing  in  Almighty  God  should  be 
molested  in  his  religious  views,  and  making  faith  in  Jesus  Christ 
a  qualification  for  voting  and  holding  office.  At  a  subsequent 
time,  Penn  granted  a  charter  of  liberties,  extending  the  privileges 
l)efore  given.  Upon  the  accession  of  William  and  Mary,  the 
loyalty  of  Penn  to  those  sovereigns  was  suspected,  and  the 
province  w^as  taken  from  him  and  placed  under  the  immediate 
government  of  New  York.  In  1694,  the  government  of  Eng- 
land became  convinced  of  Penn's  loyalty,  and  the  province  was 
restored  to  him.  In  1701,  Peim  granted  to  his  colony  a  charter 
still  more  liberal  than  the  former  one,  under  which  the  colony 
continued  until  the  Revolution. 

Georgia.  —  In  1732,  a  grant  was  made  to  James  Oglethorpe 
of  a  tract  of  land  to  extend  from  the  Savannah  river  to  the 
Altamaha  river,  in  trust  for  the  poor.  In  the  settlement  made 
the  following  year  by  Oglethorpe  himself,  the  settlers  were  not 
permitted  to  become  owners  of  the  land  which  they  cultivated. 
The  colony  did  not  flourish,  and,  in  1752,  the  trustees  in  whose 


14  HISTORKJ    INTRODUCTION. 

hands  Oglethorpe  had  left  the  colony  surrendered  their  trust  to 
the  crown.  The  colony  thereupon  became  a  royal  province, 
all  the  officers  being  appointed  by  the  king. 

TENDENCY   TOWARD   UNITY. 

Many  of  the  earlier  settlements  in  the  colonies  were  made  as 
individual  enterprises,  —  luiconnected  with  others.  Plymouth 
was  peopled  by  a  band  of  men  and  women  who  had  no  assist- 
ance from,  and  no  reliance  upon,  any  other  colony  or  any  gov- 
ernment. Salem  and  Charlestown  received  their  first  inhabitants 
without  any  aid  from  company  or  government.  The  first  settlers 
along  the  coast  of  INIaine  were  scattered  bands,  who  appeared 
to  seek  homes  at  distances  from  others,  with  whom  they  had  no 
connections.  In  Rhode  Island,  two  settlements  were  made  at 
an  early  day  as  separate  colonies.  In  most  of  these  cases,  each 
settlement  organized  a  government  of  its  own  and  for  itself, 
and  without  any  reference  to  any  neighboring  settlement  or  to 
any  other  government.  In  New  Jersey,  Pennsylvania,  and  Del- 
aware, there  were  early  scattered  settlements  of  Dutch,  Swede, 
or  Finn,  and  they  seem  to  have  been  without  an}'  but  a  crude 
sort  of  government.  The  two  settlements  first  made  in  North 
Carolina  were  independent  of  each  other  and  of  the  world,  and 
each  organized  a  government  for  itself.  As  already  shown,  the 
settlements  that  were  made  under  the  direction  and  control  of 
companies  or  proprietors  of  colonial  territory  were  supplied  with 
forms  of  government,  —  a  separate  set  of  forms  for  each  sepa- 
rate colony. 

In  process  of  time,  these  colonies  became  cognizant  of  each 
other's  presence,  and  they  made  acquaintances,  one  with  another. 
As  the  Indian  difficulties  crowded  upon  the  settlers,  there  grew  up 
a  desh-e  for  association  and  co-operation.  At  first  the  co-opera- 
tion was  temporary,  fomied  for  a  special  occasion.  As  these  oc- 
casions of  need  became  more  frequent,  and  as  the  advantages  of 
co-operation  became  known  by  actual  experience,  the  tendency 


HISTORIC    INTllODUCTION.  16 

grew  towiud  a  permanent  co-operation  l\v  consolidation  of  set- 
tlements. Tims,  in  IGo'J,  as  already  shown,  the  colonies  of 
Hartford,  Wethersfield,  and  Windsor  united  into  one  colony, 
known  as  the  Connecticut  colony,  and  was  joined  by  the 
Saybrooke  settlement  five  -years  later.  In  1G(!;1,  New  Haven 
joined  the  others,  and  thenceforth  these  formed  the  colony  of 
Connecticut. 

In  164;),  the  four  colonies  of  Plymouth,  Massachusetts,  Con- 
necticut, and  New  Hampshire  formed  a  confederacy,  called  the 
United  Colonies  of  New  England.  The  object  was  "  the  better 
to  provide  for  their  connnon  security  and  welfare."  The  con- 
federacy had  control  of  such  methods  only  as  related  to  the 
defense  and  safety  of  the  four  colonies,  and  were  managed  by 
a  commission  consisting  of  two  delegates  from  each  colony. 
I^ach  colony  had  charge  of  its  local  affairs  as  heretofore.  The 
settlements  of  Providence  and  Rhode  Island  united  in  1644, 
and  soon  afterwards  assumed  the  joint  name,  '^  Rhode  Island 
and  Providence  Plantations."  As  stated  before,  the  settlers  in 
New  Hampshire  were  united  to  Massachusetts  during  eighty-five 
years  prior  to  the  Revolution.  Soon  after  1652,  Massachusetts 
asserted  authority  over  the  settlements  of  Maine,  as  far  east  as 
the  Kennebec  river.  By  the  new  charter  of  1691,  the  jurisdiction 
of  Massachusetts  was  extended  eastward  so  as  to  include  all  of 
Maine  and  Nova  Scotia.  By  this  same  charter,  the  strong 
colonies  of  Plymouth  and  Massachusetts  were  permanently 
united  as  Massachusetts. 

The  movements  in  the  colonies  south  of  the  Hudson  river 
were  not  always  and  altogether  in  the  direction  of  union.  New 
Jersey  was  divided  in  1676,  and  so  remained  until  1702.  Dela- 
ware became  a  part  of  Pennsylvania  by  grant  from  the  Duke 
of  York  and  Albany.  It  remained  in  the  jurisdiction  of  that 
province  until  1702,  when  it  was  allowed  to  partially  withdraw 
and  to  set  up  a  legislature  of  its  own.  The  union  was  wholly 
severed  during  the  war  of  the  Revolution.     When  first  settled, 


16  HlSTOmC    INTRODUCTION, 

North  Carolina  and  Sonth  Carolina  constituted  one  province, 
with  three  separate  colonies.  In  1729,  a  division  was  made, 
and  they  become  two  colonies. 

Besides  the  tendency  of  the  colonies  to  co-operate  and  unite, 
in  their  earl^-  history,  as  stated  al)0\e,  there  may  l)e  traced 
through  their  later  history  a  tendency  to  form  more  extensive 
alliances,  outgrowths  of  a  national  idea.  It  is  not  doubtful 
that  the  earlier  alliances  and  unions,  made  by  the  colonies  when 
tliey  were  weak  settlements,  were  faint  beginnings  of  the  same 
idea,  but  not  developed  for  many  years.  Wlien  the  colonies 
were  strong  enough  to  attract  the  attention  and  the  cupidity  of 
European  governments,  they  had  more  trouble  than  the  savage 
Indians  gave  to  them.  They  became,  of  necessity,  embroiled 
in  all  the  wars  that  affected  England.  France  and  England 
were  liereditary  and  relentless  foes.  The  colonies  and  posses- 
sions of  those  two  nations  in  America  were  not  distant  from 
each  other,  and,  in  some  places,  the  claims  of  the  one  over- 
lapped tlie  claims  of  the  other.  As  the  two  nations  Avere  in  a 
state  of  almost  chronic  warfare,  the  English  colonies  had  to 
defend  themselves  against  the  French  armies,  the  French  colo- 
nies, and  the  Indians.  Then  it  was  that  the  colonies  most  felt 
the  need  of  more  tliorough  alliances  and  more  active  and  effi- 
cient co-operation.  Then  the  idea  of  nationality  displayed 
wonderful  development.  As  early  as  1697,  William  Penn  sug- 
gested and  urged  a  union  of  all  tlie  colonies.  Later,  in  1722, 
Daniel  Coxe,  of  New  Jersey,  called  the  attention  of  the  colo- 
nies to  the  same  idea.  Benjamin  Franklin  and  other  statesmen 
were  fully  alive  to  the  importance  of  the  growing  sentiment, 
and  aided  in  its  dissemination.  Even  the  English  ministry 
adopted  the  idea.  In  1754,  the  threatened  war  between  Eng- 
land and  France  seeming  to  be  Inevitable,  tlie  government  of 
England  suggested  to  the  colonies  that  they  unite  in  some 
scheme  for  a  common  defense.  Accordingly,  July  4  of  that 
year,  a  conference  was  held  at  Albany,  consisting  of  delegates 


HISTORIC   INTRODUCTION.  17 

from  all  the  colonies  of  New  England,  from  New  York,  Penn- 
sylvania, and  Maryland.  At  this  conference,  a  plan,  drawn  by 
Benjamin  Franklin,  was  adopted.  By  this  plan,  a  governor- 
general  was  to  be  appointed  by  the  king,  and  a  council  of  dele- 
gates was  to  be  elected  by  the  people  of  the  colonies  ;  these 
were  to  constitute  the  government  of  the  united  colonies,  with 
lH)wer  to  pass  and  to  enforce  laws  for  raising  money,  levying 
troops,  regulating  trade,  and  laying  duties.  The  governor- 
general  was  to  have  a  veto  upon  the  laws  passed  by  the  coun- 
cil. The  plan  was  rejected  by  the  colonies  and  by  the  king  : 
the  colonies  tliought  that  it  gave  too  much  power  to  the  king, 
and  the  king  thought  that  it  gave  too  much  power  to  the  people. 

In  1765,  during  the  excitement  growing  out  of  the  passage 
and  attempted  enforcement  of  the  Stamp  Act,  the  legislature  of 
Massachusetts  sent  circular  letters  to  all  the  other  colonies,  in- 
viting them  to  send  delegates  to  a  congress,  which  should  meet 
in  New  York,  to  deliberate  upon  the  condition  of  affairs  and  to 
suggest  measures  for  the  common  welfare.  On  the  assembling 
of  the  congress,  October  7,  delegates  were  present  from  Massa- 
chusetts, Rhode  Island,  Connecticut,  New  York,  New  Jersey, 
Pennsylvania,  Delaware,  ]Maryland,  and  South  Carolina.  The 
other  colonies  were  in  full  sympathy  with  the  objects  of  the 
congress.  This  was  called  the  American  Congress.  It  drew 
up  a  Declaration  of  Rights,  asserting  that  only  their  own  repre- 
sentatives had  power  to  tax  them,  and  only  their  own  juries  to 
try  them.  It  also  sent  a  petition  to  the  king  and  a  memorial  to 
Parliament.  Two  years  later,  upon  the  passage  of  the  act  im- 
posing the  tea-tax,  the  legislature  of  Massachusetts  again  sent 
letters  to  the  other  colonies,  calling  for  a  iniion  of  all,  in  order 
to  enforce  a  demand  for  a  redress  of  grievances,  and  it  refused 
to  withdraw  the  call  at  the  demand  of  the  king. 

As  early  as  1773,  most  of  the  colonies  appointed  committees 
of  correspondence,  in  order  to  keep  up  an  interchange  of  opin- 
ion and  suggestion  with  each  other,  and  to  intensify  the  senti- 


18  HISTORIC    INTRODUCTION. 

raeut  of  national  unity.  The  following  j'ear,  the  provincial 
assembly  of  ^Massachusetts  convened  at  Salem  and  adopted 
resolutions  calling  for  a  general  congress  of  all  the  colonies,  at 
the  same  time  appointing  five  delegates  to  that  congress.  The 
other  colonies  accepted  the  idea  of  a  congress,  and  appointed 
delegates.  The  congress  met  at  Philadelphia,  September  5, 
1774.  The  governor  of  Cxeorgia  prevented  the  election  of  dele- 
gates by  that  colony  ;  all  the  other  colonies  were  represented. 
This  congress  adopted  a  second  Declaration  of  Rights,  and 
recommended  an  American  association  pledged  to  non-inter- 
course with  England.  Before  adjourning,  it  provided  for 
another  congress,  to  be  held  in  ^lay,  the  next  year.  This  con- 
gress of  1774  is  known  as  the  First  Continental  Congress.  Its 
name  is  a  guaranty  of  the  decay  of  the  colonial  sentiment,  and 
the  growth  of  the  national  idea.  In  the  meantime,  the  assem- 
bly of  Massachusetts  ntet  and  resolved  itself  into  a  provincial 
congress.  It  then  proceeded  to  organize  a  body  of  militia  ready 
to  take  up  arms  and  to  march  at  a  minute's  notice  ;  from  this 
they  became  known  as  "  minute  men."  A  committee  of  safety 
was  appointed  to  have  charge  of  matters  of  defense.  Other 
colonies  promptly  followed  the  example  set  by  Massachusetts. 

A  second  continental  congress  convened  May  10,  1775,  at 
Philadelphia.  It  sent  a  petition  to  the  king,  appointed  a  com- 
mittee of  secret  correspondence  with  the  colonies  and  with 
European  nations,  and  assumed  the  authority  of  a  government 
over  the  colonies  as  The  United  Colonies  of  America.  The 
royal  authority  substantially  closed,  in  all  the  colonies,  during 
the  year  1776,  by  the  withdrawal  of  the  governors.  In  .lune  of 
that  year,  the  congress,  by  resolution,  declared  "  that  these 
united  colonies  are,  and  of  right  ought  to  be,  free  and  independ- 
ent states,"  and  appointed  a  committee  to  draw  up  a  proper 
declaration.  The  committee  reported  the  Declaration  of  Inde- 
pendence, and  congress  adopted  it  July  4,  1776.  More  than  a 
year  before,  however,  the  people  of  Mecklenberg  Co.,  N.C., 


HISTOKIC    INTRODUCTION.  19 

liad  decl:ii-e(l  their  independence  of  England.  On  tlio  17th  of 
November,  1777,  Congress  agreed  to  articles  of  confederation 
of  the  colonies,  and  sent  them  out  to  the  colonies  for  their  adop^ 
tion.  They  were  duly  adopted,  and  the  confederate  govern- 
ment was  afterwards  organized. 

When  the  war  of  the  Revolution  had  closetl,  and  efforts  were 
made  to  create  a  national  government  on  the  basis  of  the  Arti- 
cles of  Confederation,  the  weakness  of  those  Articles  became 
painfully  apparent.  The  statesmen  began,  (juite  early,  to  dis- 
cuss methods  of  relief.  Early  in  17.S(;,  the  legislature  of  Vir- 
ginia advised  a  convention  for  establishing  a  ])etter  s^'stem  of 
commercial  regulations.  Pursuant  to  this  action,  a  convention 
was  called  to  meet  in  Annapolis,  in  September.  As  five  states 
only  had  sent  delegates,  no  action  was  taken  by  the  delegates 
present,  except  to  unite  in  a  call  for  a  convention  to  revise  the 
Articles  of  Confederation.  The  colonies  responded  to  this  call 
and  sent  delegates  to  Philadelphia,  in  May,  1787  ;  Rhode  Island 
being  the  only  colony  not  represented.  George  "Washington 
presided  over  the  convention ,  which  was  composed  of  the  ablest 
men  of  the  colonies.  The  convention  soon  decided  that  it  was 
not  advisable  to  amend  the  Articles  of  Confederation,  and  it 
proceeded  to  form  a  constitution  upon  a  different  plan.  The 
constitution  was  completed,  adopted,  and  signed,  September 
17,  1787.     The  several  states  ratified  it  as  follows  :  — 

Delaware December     7,  1787. 

Pennsylvania December  12,   1787. 

New  Jersey December  18,  1787. 

Georgia January        2,  1788. 

Massachusetts February      G,  1788. 

Maryland April  28,   1788. 

South  Carolina May  23,  1788. 

Connecticut June  9,   1788. 

New  Ilampshirr June  21,   1788. 

Virginia June  26,  1788. 

New  York July  2(),  1788. 

North  Carolina November  21.   1780. 

Rhode  Island May  2'J,  1790. 


20  HISTOKIC    INTRODUCTION. 

As  provided  by  itself,  the  constitutiou  took  elTect  June  21, 
1788,  iipou  its  ratification  by  the  ninth  state.  It  could  affect 
those  only  which  ratified  it.  Soon  after  it  went  into  opera- 
tion, it  was  ratified  l\y  the  remaining  states,  and  became  the 
constitution  of  the  New  Nation. 

When  the  time  came  for  the  organization  of  a  new  govern- 
ment, the  people  were  prepared  for  a  popular  form,  such  as  the 
nation  now  has.  With  the  exception  of  Georgia,  all  the 
colonies  had  enjoyed  something  of  a  popular  form  of  govern- 
ment, and  most  of  them  had  felt  the  satisfaction  that  results 
from  a  legislature  elected  by  the  people  and  responsil)le  to 
them.  Some  of  them  had  even  had  a  double  legislature,  though 
in  a  crude  form,  the  council  being  a  sort  of  upper  house  in 
some  of  the  colonies.  Three  had  tried  a  pure  democracy,  for  a 
time.  Most  of  them,  by  co-operation  with  sister  colonies,  had 
known  by  experience  that  "in  union  there  is  strength,"  and 
this  had  been  more  fulh'  impressed  during  the  struggle  for 
independence.  That  last  great  struggle  had  taught  them  the 
necessity  for  an  executive  and  a  judicial  department  of  the 
government.  The  Colonial  Congress  and  the  Continental 
Congresses  were  felt  to  have  been,  as  they  really  were,  but 
committee-delegates  from  the  colonies  for  advice.  A  con- 
federacy had  been  tried  ;  its  defects  were  found  to  be  serious. 
The  people  were  prepared  for  a  union  of  the  colonies  into  a 
nation,  having  all  the  semblance,  character,  and  powers  of  a 
nation.  The  people  were  prepared,  also,  to  insist,  if  need  be, 
upon  a  form  of  government  in  which  all  political  power  should 
reside  in  themselves.  Having  tasted,  though  but  daintily,  of 
the  sweets  of  a  government  free  from  hereditary  rulers,  and 
without  the  restraints  and  oppressions  of  arbitrai-y  authority, 
they  were  prepared  for  a  government  of  the  people,  to  be  ad- 
ministered by  the  people  and  for  the  people.  We  shall  see,  as 
we  study  the  provisions  of  the  constitution,  liow  they  w^'ought 
out  the  idea  of  nationality  and  of  freedom,  which  had  been 
growing  for  more  than  a  century. 


PREAMBLE   OF   THE   CONSTITUTION. 


o^Oic 


The  courts  do  not  regard  tlie  preamble  of  a  law  or  of  a  con- 
stitution as  a  part  of  that  law  or  of  that  constitution.  But 
when  any  portion  of  a  law  or  constitution  is  not  quite  clear,  or 
is  not  easily  understood,  the  courts  will  turn  to  the  preamble 
for  explanation.  In  the  historical  and  i)olitical  study  of  a  con- 
stitution of  a. state  or  a  nation,  the  preamble  may  be  a  very 
important  part.  This  is  especially  the  case  with  the  preamble 
of  the  constitution  of  the  United  States.  It  explains  the 
necessity  of  the  constitution,  the  purposes  of  it,  and  l)y  whom 
it  was  formed.  A  reference  to  the  preamble  of  the  constitution 
has  settled  more  than  one  point  of  political  discussion  concern- 
ing the  extent  and  scope  of  several  constitutional  provisions. 
The  preamble  states  seven  points  concerning  the  origin  and 
purpose  of  the  constitution. 

1.  By  whom  formed. — This  preamble  decides  who  formed 
the  constitution  and  who  constitute  tlie  nation.  The  Articles 
of  Confederation,  under  which  the  Thirteen  Colonies  had  been 
united  during  the  larger  portion  of  the  period  since  the  begin- 
ning of  the  Revolutionary  "War,  were  articles  of  agreement 
between  the  colonies.  They  united  the  colonies  into  a  con- 
federacy, l>ut  they  did  not  form  them  into  one  nation.  Under 
these  articles  each  colony  was  as  independent  of  all  others  as  it 
had  been  lieforc.  Although  they  contained  agreements  that  no 
colony  would  act  independently  in  certain  matters,  there  was 
no  means  provided  by  wliich  those  agreements  could  be  en- 
forced. In  fact,  there  were  several  sections  of  those  articles 
under  which  some  of  the  colonies  refused  to  act.     No  nation 


22  prvp:AMBLE  op  the  constitution. 

can  be  formed  of  sections  of  country  whicli  are  free  to  obey  or 
disobey  tlie  provisions  of  the  national  constitution.  .  Under  the 
constitution  the  states  became  a  Nation.  Certain  rights  which 
each  state  had  possessed  were  given  up,  and  each  one  thereby 
became  a  state  in  the  nation,  with  such  rights  of  independent 
action  as  were  reserved  or  allowed  by  the  constitution.  In  the 
Articles  of  Confederation,  the  colonies  styled  themselves  states, 
but  their  character  as  states  was  altogether  different  from  their 
character  as  states  under  the  constitution.  The  preamble  ex- 
pressly declares:  "We,  the  People  of  the  United  States,  clo 
ordain  and  establish  this  constitution."  After  its  adoption  by 
the  convention,  it  was  submitted  to  a  popular  convention  in 
each  state.  The  members  of  those  popular  conventions  were 
elected  by  the  people  of  each  state,  after  a  thorough  discussion 
of  the  constitution.  Through  the  adoption  of  tlie  constitution 
the  states  \yere  more  firmly  united  and  the  people  became  one 
nation.  Discussion  is  likely  to  arise  always,  concerning  the 
extent  of  the  powers  given  to  the  general  government  and  con- 
cerning the  rights  and  powers  reserved  to  the  separate  states 
by  the  constitution,  but  it  is  clear  that  the  people  of  the  United 
States  are,  under  the  constitution.  One  Nation. 

2.  More  Perfect  Union.  —  The  principal  purpose  of  the  Arti- 
cles of  Confederation  was  to  enable  tlie  colonies  to  act  together 
in  resisting  the  aggressions  of  England.  For  that  one  purpose, 
even,  it  was  not  perfect.  But  after  the  close  of  the  war,  an 
attempt  to  govern  the  colonies  under  those  articles  showed  tlie 
weakness  of  the  confederacy.  There  were  four  principal  weak 
points  in  the  confederate  system :  (a)  There  was  no  central 
legislative  authority.  There  was  a  so-called  congress,  com- 
posed of  delegates  from  each  colony,  but  its  author! t}-  seems  to 
have  been  restricted  to  the  settlement  of  disputes  between  them- 
selves, and  to  representing  the  colonies  in  their  intercourse  with 
foreign  nations  in  war  and  in  peace.  The  congress  was  simply 
a  committee  of  the  colonies,      (h)  There  was  no  central  execu- 


PREAMBLE   OF   THE   CONSTITUTION.  23 

tive  authority,  (e)  There  was  no  judicial  system.  The  only 
semblance  of  such  a  system  was  the  authority  given  to  the 
congress  to  determine  disputes  between  the  states,  and  dis- 
putes arising  from  conflicting  grants  of  land  by  different  colo- 
nies, (f?)  There  was  no  national  treasury.  Tlie  congress  fixed 
the  proportion  of  money  due  from  each  state  for  the  general 
expenses  ;  but  it  had  no  method  of  collecting  it.  "Without  the 
four  marks  of  national  authority  named  above  there  could  be 
no  nation.  In  addition  to  these,  there  were  no  means  provided 
for  l^eeping  the  colonies  together  if  tliey  did  not  wish  to  so 
remain.  In  name,  the  articles  were  to  be  perpetual;  but  there 
was  no  method  provided  for  making  them  so  in  fact,  and  no 
means  furnished  for  compelling  a  state  to  perform  its  agree- 
ments. The  weakness  of  the  confederacy  was  found  in  this  : 
tlie  states  acted  and  were  acted  upon  as  independent  bodies. 
Under  the  constitution,  the  states  are  hardly  known  in  the 
administration  of  the  government,  but  the  government  and  its 
officers  act  upon  the  individual  citizens.  It  will  be  noticed  that 
the  word  ''union"  means  a  condition  of  being  one  ;  hencei  a 
perfect  union  must  be  a  perfect  oneness.  The  colonies  could 
not  retain  their  independence  and  be  states  in  a  perfect  union. 

3.  To  Establish  Justice.  —  This  was  a  second  object  of  the 
constitution.  This  is  the  same  as  saying  that  the  constitution 
was  formed  for  the  purpose  of  protecting  all  its  citizens  in  the 
enjoyment  of  all  their  rights.  (The  student  should  trace 
"justice"  to  its  Latin  root-word  "jus,"  right.) 

4.  Domestic  Tranquillity. — There  can  be  little,  if  any,  enjoy- 
ment of  riglits  when  society  is  disordered.  The  framers  of  the 
constitution  had  realized  that  fact  during  the  Revolutionary 
AVar.  Turmoil  and  trouble  arise  mainly  from  injustice  and 
oppression  ;  hence  the  constitution  aims  to  secure  tranquillity 
through  the  estabUshment  of  justice. 

5.  Common  Defense. — The  formation  of  the  confederacy 
was  the  result  of  a  necessity  to  provide  for  the  defense  of  the 


24  tREAiAIBLE   OP    THE   CONSTITUTION. 

people  of  the  colonies.  All  nations  must  provide  for  their 
defense,  must  :dways  be  ready  to  resist  attack.  All  govern- 
ments have  this  as  one  of  the  necessary  objects  of  their  exist- 
ence. This  means  more  than  simply  a  defense  of  the  national 
existence,  of  its  governmental  character.  It  must  mean  a  de- 
fense of  all  parts  of  the  nation  and  all  the  citizens  of  the 
nation.  Upon  the  modern  and  best  theory  of  government,  the 
humblest  citizen  of  a  nation  is  entitled  to  the  whole  power  of 
the  government,  police,  military,  and  naval,  to  protect  him  in 
the  enjoyment  of  his  rights  at  home  and  abroad. 

6.  General  Welfare.  —  Monarchs  are  not  always  very  solici- 
tous about  the  Avelf  are  of  their  subjects  ;  they  seldom  are  except 
so  far  as  that  welfare  can  help  them  in  their  ambition.  This  is 
because  the  interests  of  the  rulers  are  not  the  same  in  monar- 
chies as  the  interests  of  the  ruled.  In  the  formation  of  the 
government  of  the  United  States  it  is  provided  that  the  rulers 
and  the  ruled  shall  be  the  same,  and  that  their  interests  shall 
be  the  same.  Everybody  is  thus  interested  in  the  welfare  of 
everybody  else.  It  was  a  great  step  in  the  history  of  govern- 
ments when  the  promotion  of  the  general  welfare  of  the  people 
was  made  a  prominent  purpose  in  the  construction  of  a  form  of 
government. 

7.  Secure  Liberty.  —  It  would  seem  that,  when  justice  is 
established,  domestic  tranquillity  assured,  and  the  general  wel- 
fare promoted,  the  blessings  of  liberty  would  be  sure  to  follow. 
But  the  patriots  who  framed  the  constitution  chose  to  enumerate 
this  as  one  of  the  objects  of  the  government,  so  that  there  could 
be  no  chance  for  a  mistake  on  this  subject.  The  war  of  the 
Revolution  had  just  closed,  and  the  right  to  liberty  had  been 
secured,  but  they  knew  that  liberty  itself  could  be  secured  and 
made  permanent  only  by  a  wise,  liberal,  and  just  government. 
Such  a  government  the  convention  attempted  to  frame.  This 
section  of  the  preamble  shows  that  it  was  intended  that  the 
form  of  government  should  be  permanent. 


BILL   OF   RIGHTS. 


35<Ko 


The  conveution  adopted  the  constitution,  September  17,  I's?, 
and  delegates  from  all  the  states,  except  from  Rhode  IsUmd, 
signed  it.  AVhen  the  constitution  came  before  tlie  people  of 
the  states  for  ratification,  it  was  found  to  be  deficient  in  an 
important  particular,  —  it  did  not  recognize  in  words  many 
of  those  personal  rights  which  the  people  believed  themselves 
to  possess.  Some  of  those  rights  had  been  announced  in  the 
Declaration  of  Independence,  and  for  them  they  had  carried 
the  war  of  revolution  to  a  successful  close.  In  order  to  avoid 
the  loss  of  time  and  expense  of  another  convention,  it  was 
generally  agreed  that  the  first  Congress  should  pro[)ose  proper 
amendments  covering  the  deficienc}'.  "With  this  understand- 
ing, the  constitution  was  ratified  by  states  enough  for  it  to 
take  effect.  Two  states,  Rhode  Island  and  North  Carolina, 
did  not  ratif}^  it  until  after  the  adoption  by  Congress  of  the 
proposed  amendments.  These  amendments  embrace-  what  is 
known  in  state  constitutions  as  Bill  of  Rights.  They  recognize 
laud  secure  fundamental  rights  which  no  legislature,  no  decree 
of  courts,  no  act  of  the  executive  authority,  can  violate.  The}' 
are  considered  inestimable  and,  in  the  language  of  the  Decla- 
ration of  Independence,  "unalienable."  An  inspection  of  the 
constitution  will  show  that  it  contains  six  provisions  which 
might  be  embraced  in  the  Rill  of  Rights.  All  the  others  are 
found  in  the  amendments.  It  will  be  more  convenient  and 
add  to  clearness  of  appreliension  to  bring  them  all  together 
under  one  head. 

1.  Habeas  Corpus.  —  "When  a  person  is  illegally  imprisoned, 
he   may   apply  to    a   court    for  his    release,   stating    the    facts 


26  BILL    OF    EIGHTS. 

that  show  the  illegality  of  his  imprisonment.  The  court  then 
issues  an  order  to  a  sheriff  or  constable,  directing  that  the  im- 
prisoned person  be  brought  before  it  for  inquiry  into  the  cause 
of  the  imprisonment.  In  early  times,  in  England,  the  orders 
of  the  courts  were  written  in  Latin.  ]\Iany  of  the  orders  of 
courts  are  called  writs.  This  writ  began,  habeas  corjms,  mean- 
ing, "you  may  have  the  body"  of  the  person  named.  The 
right  to  apply  for  this  writ  is  one  of  the  safeguards  of  a  free 
citizen.  But  for  it,  a  person  illegally  imprisoned  might  have 
no  method  ])y  which  he  could  prove  his  innocence.  There 
does  not  seem  to  be  any  reason  why  the  privilege  of  applying 
for  this  w'rit  should  ever  be  suspended  ;  but  it  is  a  wise  provis- 
ion refusing  its  suspension  in  times  of  peace.  This  provision 
is  found  in  section  nine  of  Article  I. 

2.  Bill  of  Attainder.  —  In  the  same  section  of  Article  I.,  it 
was  provided  that  no  bill  of  attainder  shall  be  passed.  This  is 
a  direct  restriction  upon  the  powers  of  Congress,  but  it  has  a 
more  general  effect.  The  restriction  is  upon  all  the  officers  of 
the  government ;  for  if  Congress  should  pass  such  a  bill,  the 
oath  of  every  officer  of  the  government  will  compel  him  to  re- 
fuse to  enforce  it,  and  the  courts  would  be  compelled  to  declare 
it  illegal.  A  ''  bill  of  attainder"  is  a  special  law  that  passes  a 
decree  of  conviction,  upon  the  person  named  in  it,  of  treason 
or  other  crime,  with  sentence  of  death  or  forfeiture  of  estate, 
or  both.  Such  bills  were  not  uncommon  during  the  troublous 
times  of  English  history.  The  accused  had  little,  if  any,  oppor- 
tunity to  make  a  defense.  The  injustice  of  this  system  of  trial 
for  crimes  was  so  apparent  that  the  framers  of  the  constitution 
provided  against  its  use  in  this  countr3\ 

3.  Ex  Post  Facto  Law.  —  The  same  section  of  the  constitu- 
tion also  forbids  the  passage  of  an  ex  post  facto  law.  This  term 
means,  "  after  the  deed."  It  is  ivsually  applied  to  such  laws  as 
relate  to  actions  already  past.  As  ever}'  one  is  supposed  to 
guide  his  conduct,  civil  and  criminal,  by  the  laws  in  force  at  the 


BILL    OF    KIGHTS.  27 

time  that  he  performs  an  action,  it  is  not  considered  just  that 
one  should  he  punished  for  a  crime  more  severely  than  the  law 
provided  when  the  crime  was  committed.  Thus,  a  man  may  be 
willing  to  incur  the  penalty  of  imprisonment  in  the  penitentiar}' 
for  horse-stealing,  while  he  might  not  steal  the  horse  if  the 
penalty  had  been  death.  Therefore,  after  a  man  had  stolen  a 
horse,  when  the  penalty  of  the  law  is  imprisonment,  it  would  be 
a  breach  of  faith  and  an  injustice  to  change  the  penalty  to 
death,  and  then  enforce  it  upon  him.  And  so  with  reference 
to  other  crimes.  No  increase  of  a  penalty  for  a  crime  can  be 
visited  upon  a  person  for  a  crime  committed  before  the  increase. 
So,  a  law  cannot  make  a  new  crime,  and  then  punisli  a  person 
for  a  deed  committed  before  the  law  made  that  deed  a  crime. 
In  civil  transactions,  the  rule  is  the  same  :  no  change  in  a  law 
can  affect  any  contract  made  before  the  change.  This  rule  is 
founded  so  strongly  in  our  sense  of  justice  that  it  might  be  said 
to  protect  an  inliereut  right. 

4.  Jury.  —  The  riglit  to  a  trial  b}'  jury,  when  charged  with  a 
crime,  dates  from  very  early  times  in  English  history,  and,  in 
the  law  of  England,  means  by  a  jury  of  twelve  persons.  In 
England,  as  in  other  monarchies,  all  crimes  that  were  committed 
were  committed  against  the  king  or  monarch.  All  prosecutions 
for  crime  were  brought  in  the  name  of  the  king.  The  king 
appointed  the  judges  and  all  the  other  otticers  of  the  court. 
The  subject  had  little  security  when  charged^  with  crime.  He 
could  be  convicted,  if  the  king  so  desired,  without  regard  to  his 
guilt  or  innocence.  It  was  a  great  reduction  of  kingl}'  power, 
wlien  the  king  of  England  was  compelled  to  allow  the  trial  of 
his  subjects  by  a  jury  of  their  peers.  Ever  since  then,  the 
right  to  trial  by  a  jury  has  been  considered  very  important,  and 
no  king  of  England  could  retain  his  crown  should  he  try  to 
abrogate  the  right.  The  reason  for  insisting  upon  a  jury  in  the 
United  States  is  not  so  strong  as  in  England.  Here  the  people 
are  the  rulers  ;  their  judges  and  otlier  otticers  of  the  courts  are 


28  "BILL   OF    HTOHT8. 

elected  or  appointed,  and  all  prosecutions  are  brought  in  the 
name  of  the  people,  or  of  the  state.  The  people,  just  emerg- 
ing from  a  war  with  England,  thought  it  safer  to  insist  upon 
this  right  (Art.  III.,  sec.  2). 

5.  Riffhts  in  Other  States.  —  In  the  second  section  of  Article 
IV.,  it  is  provided  that  ''the  citizens  of  each  state  shall  be 
entitled  to  all  privileges  and  inmiunities  of  citizens  of  the  sev- 
eral states."  There  is  much  question  as  to  the  full  meaning  of 
this  provision  ;  the  courts  are  neither  clear  nor  uniform  in  their 
attemi)ts  at  interpretation.  It  would  ai)pear  to  be  one  of  the 
provisions  enforcing  the  idea  of  one  nation.  While  each  state 
is  permitted  to  determine  for  itself  the  qualifications  of  all  who 
may  vote  or  hold  office  within  it,  it  cannot  prohibit  the  citizens 
of  other  states  residing  and  doing  business  within  its  limits. 
Thus,  the  citizens  of  any  state,  l)y  residing  within  another 
state,  may  enjoy  all  the  privileges  and  protection  enjoyed  by 
any  citizen  of  that  state.  This  section  would  seem  to  place  all 
citizens  of  all  the  states  upon  an  equality,  except  in  respect  to 
the  affirmative  rights  that  are  considered  iulierent  and  inalien- 
able.    These  cannot  be  called  privileges. 

6.  Religious  Freedom. — The  last  clause  of  Article  VI.  says 
that  "  no  religions  test  shall  ever  be  required  as  a  qualification 
to  any  office  or  public  trust  under  the  United  States."  The 
scope  of  this  section  is  very  broad,  very  much  broader  than,  at 
first,  appears.  It  means  that  no  one  has  a  right  to  regulate 
our  conscience,  or  our  worship,  for  ns  ;  nor  has  any  body  of 
people,  whether  legislature,  congress,  or  nation,  any  such  right. 
That  a  person  belongs  to  any  particular  church,  or  does  not 
belong  to  any,  or  that  he  entertains  a  certain  religious  belief, 
cannot  be  urged  against  him  as  a  qualification  or  a  disqualifi- 
cation for  office  or  for  jury  service.  This  does  not  say,  nor 
does  it  mean,  tliat  the  nation,  or  the  law,  or  the  courts,  only, 
shall  not  apply  the  religions  test:  it  means  tliat  no  one  has  a 
right  to  ap])ly  that  test.      If    a  voter  votes  for,  or  against,   a 


BILL   OF    KitJHTS.  29 

candidate  solely  because  of  that  candidate's  religions  belief, 
such  voter  would  violate  the  spirit  of  this  part  of  the  con- 
stitution. Upon  the  best  theory  of  government,  the  secular 
authorities-  have  nothing  to  do  with  a  person's  religious  belief. 
Americans  do  not  believe  that  the  conscience  should  be  placed 
under  the  control  of  men.  They  believe  that  all  men  should 
be  protected  in  the  full  and  free  enjoyment  of  their  religious 
beliefs,  and  they  emphasized  that  belief  in  this  provision  of  the 
constitution. 

7.  (Amendment  1.) — At  the  time  of  the  formation  of  the 
constitution,  nearly  all  the  governments  of  Europe  had  an  es- 
tablished religion  ;  that  is,  a  religious  system  which  was  sup- 
ported by  the  government  and  to  which  eacli  subject  had  to 
assent,  in  some  degree.  These  governments  also  prohibited, 
some  of  them  always,  some  of  them  sometimes,  any  criticism 
of  the  government,  by  individuals,  either  orally  or  in  writing 
or  print,  and  did  not  alhjw  the  people  to  meet  peacefully  for 
a  discussion  of  their  relations  with  the  government,  nor  to  peti- 
tion the  government.  The  people  of  the  colonies  had  keenly 
felt  the  injustice  and  the  actual  hardships  of  these  prohibitions. 
They  came  to  regard  all  these  acts  as  perfectly  innocent,  and 
as  rights  that  belonged  to  them  as  human  beings.  They  con- 
stitute a  })ortion  of  the  means  by  which  the  people  can  enjoy 
the  right  to  "the  pursuit  of  happiness."  Accordingly,  the 
tirst  amendment  to  the  constitution  contains  a  recognition  of 
the  rights  of  the  people  in  all  those  respects.  Of  course,  this 
provision  does  not  allow  disorderly  meetings,  nor  conspiracies 
to  resist  the  execution  of  the  laws,  nor  attempts  to  overturn 
tile  govern mcMit. 

8.  (Amendment  2.)  — Rulers  who  do  not  have  the  love  and 
affection  of  their  subjects  cannot  safely  allow  those  subjects  to 
keep  and  control  fire-arms.  It  is  a  matter  of  history  that  the 
subjects  of  those  European  governments  which  furnished  the 
early  settlers  of  the  United  States  did  not  have  that  privilege. 


30  BILL   OF    IJIGHTS. 

As  has  beeu  showu,  the  framers  of  the  constitution  intended  that 
the  rulers  and  ruled  should  be  the  same  ;  that  there  should  be  no 
fight  between  the  government  and  the  people.  In  the  early  his- 
tory of  the  American  colonies,  the  safety  of  the  people  often 
depended  upoii  arms  which  they  kept  in  defiance  of  the  govern- 
ment, more  than  upon  any  army,  and  the  danger  from  Indians 
had  not  altogether  ceased  when  the  constitution  was  formed. 
A  government  that  would  trust  its  citizens  with  freedom  to  keep 
and  to  bear  arras  must  preserve  its  character  for  justice,  and  it 
was  partly  for  this  purpose  that  the  right  of  the  citizens  to  bear 
arms  was  formally  acknowledged  in  the  constitution. 

9.  (Amendment  3.) — Tliis  amendment  recognizes  that  each 
man's  house  is  his  castle,  to  be  his  defense  against  the  govern- 
ment as  well  as  against  his  neighbors.  In  times  of  peace  there 
can  be  no  necessity  for  any  encroachment  upon  a  man's  private 
dwelling.  A  necessity  may  exist  in  times  of  war,  but  it  should 
be  exercised  only  in  the  manner  which  the  law  has  deliberately 
provided.  Such  encroachments  upon  private  rights  should  not 
be  left  to  the  irresponsible  discretion  of  an}'  officer.  This  pro- 
vision virtually  condemns  the  practice  so  common,  once,  in 
Europe. 

10.  (Amendment  4.) — There  can  be  no  liberty  among  the 
people  without  this  protection.  No  person  is  free  if  his  home 
or  his  propei'ty  can  be  invaded  or  seized  at  the  pleasure  of  an- 
other. The  right  to  the  uninterrupted  enjoyment  of  one's 
jiroperty  is  included  in  the  right  to  "  the  pursuit  of  happiness," 
which  the  Declaration  of  Independence  declares  to  be  inherent. 
This  is  on  the  theory  of  Shylock's  famous  remark :  — 

' '  You  take  my  life 
When  you  do  take  the  means  whereby  I  live." 

—  Merchant  of  Venice,  Act  IV.  8c.  1. 


lULL    OF    RIGHTS.  31 

This  provision  iiilioduci'd  ;i  reuluic  new  to  governments  iit  that 
time,  although  the  English  government  had  been  forced  to  a 
sliglit  fhange  in  the  direction  of  this  section.  Other  govern- 
ments searched  i)rivate  property  at  pleasure,  and  many  do  now. 
Under  tlie  laws  that  ha\e  been  passed  to  carry  out  this  provis- 
ion, 1)ef()re  a  search  can  be  made,  a  sworn  complaint  must  be 
made  to  a  judicial  ofHcer,  stating  minutely  what  places  are  to 
be  searched,  or  what  things  or  persons  are  to  be  seized,  that 
the  pei'son  making  the  complaint  has  the  right  to  the  things 
described,  or  that  the  person  named  has  committed  a  crime 
named.  Such  search  or  seizure  will  be  authorized  by  a  warrant 
from  an  oflicer,  and  must  be  made  by  an  officer.  An  officer,  or 
other  person,  who  searches  a  place,  or  who  seizes  a  person  or 
things  Avithout  such  a  warrant,  is  guilty  of  a  crime  and  can  be 
punished. 

11.  (Amendment  5.)  —  (a)  Gkand  Jury.  In  order  that  pros- 
ecutions for  suspected  crimes  may  not  be  entered  ui)on  lightly, 
and  that  the  person  suspected  of  crime  may  not  be  put  to  the 
expense  and  annoyance  of  a  defense  if  innocent,  a  grand  jury, 
consisting  of  not  less  than  sixteen,  and  not  more  than  twent}^- 
three  men,  as  the  judge  may  order,  must  first  hear  the  evidence 
for  the  government.  If  this  evidence  is  so  strong  as  to  con- 
vince the  grand  jury  that  the  suspected  person  probably  com- 
mitted the  crime,  it  makes  the  chai'ge,  stated  in  minute  detail, 
called  nn  indictment.  This  indictment  is  usually  written  by  the 
attorney  for  the  government.  I'pon  the  back  of  this  indictment 
tlie  foreman  of  the  grand  jury  writes  "A  true  bill,"  and  signs 
his  name  beneath.  Until  this  indictment  is  so  found  by  a 
grand  jury,  no  person  can  be  tried  in  a  United  States  court  for  a 
crime  punishable  by  death,  or  l>y  imprisonment  in  the  peniten- 
tiary. The  reason  for  a  grand  jury  is  the  same,  in  other 
respects,  as  the  reason  for  a  trial  jury.  (See  page  27.)  This 
system  does  not  always  protect  the  citizen  against  hasty  or 
unjust  prosecutions,  but  it  usually  does  so.      The  army  and 


S2  BILL   OF    IMGHTS. 

navy  could  not  enforce  tlieir  ueeded  discipline  by  any  such 
system.  In  those  branches  of  the  service,  there  is  a  necessity 
for  prompt  punishment  of  offenses.  Hence,  this  system  is  not 
used  in  the  trial  of  offenses  against  military  and  naval  rules. 
AVheu  the  militia  of  any  state  is  in  actual  service,  it  is  in  the  posi- 
tion of  the  army,  and  is  excepted  from  the  grand  jury  system. 

{b)  Two  Tkials.  In  some  European  countries,  even  now, 
it  is  not  uncommon  for  the  government  to  hold  a  person  after 
acquittal  to  try  him  a  second  time,  or  more.  This  is  neither 
right  nor  just,  because  the  government  is  so  much  stronger 
than  any  iudividual,  and  can  conduct  prosecutions  at  less 
expense.  Thus,  a  government  could  ruin  any  individual  at  its 
pleasure,  if  it  were  allowed  to  continue  to  try  him  until  it  found 
1  jury  that  would  convict.  The  necessity  for  this  prohibitiou 
is  not  so  strong  in  the  United  States  as  it  was  in  England,  or 
in  auy  monarch3\  But  even  in  this  country,  where  party  feel- 
ing often  runs  high,  leaders  opposed  to  the  goveining  party 
might  be  accused  of  crimes  and  held  for  repeated  trial,  even  if 
innocent,  so  as  to  remove  their  influence,  if  there  were  no  con- 
stitutional prohibition.  Sometimes  a  guilty  person  will  be  ac- 
quitted, but  it  is  an  adage  of  some  force,  that  it  is  better  for 
nine  guilty  persons  to  escape  punishment  than  for  one  innocent 
person  to  suffer. 

(c)  Testimony.  In  criminal  trials,  the  government  makes  a 
charge  against  a  person,  and  that  person  denies  the  charge  ;  as, 
in  civil  cases,  the  plaintiff"  makes  a  charge  against  the  de- 
fendant, and  tlie  defendant  denies  it.  It  is  considered  just  that 
those  who  make  charges  against  others  must  furnish  the  proof. 
So  the  government  ought  to  be  compelled  to  furnish  the  proof 
of  crime  before  a  person  can  be  convicted.  The  practice,  not 
infrequent  in  earlier  European  history,  by  wliieh  the  accused 
person  was  com[)elled  to  testify  and  to  furnish  the  proof  of  his 
crime,  often  having  tlie  testimony  extorted  under  torture,  is 
abhorrent  to  our  sense  of  justice  and  humanity. 


BILL   OF   IIIGHTS.  33 

(d)  Due  Piiuc.i:>>  of  Laav.  This  term  is  interpreted  by 
the  courts  to  mean  those  proceedings  and  those  foinis  pre- 
scribed by  statute  or  by  the  common  law.  This  means  tluit 
before  any  one  can  be  punished  for  an  offense  by  death  or 
imprisonment,  and  before  he  can  be  arrested,  even,  for  an 
otfeuse,  and  before  the  government  can  take  tlie  property 
of  an  individual,  eitlier  as  forfeiture  or  for  public  use,  the  law 
must  state  all  tlie  circumstances  under  which  cither  can  be  done. 
Tliat  is,  the  law  must  state  what  shall  be  the  punishment  for 
:i  crime  before  one  can  be  punished  for  that  crime.  The  law 
must  also  state  the  numner  and  method  of  all  the  proceedings 
in  the  arrest  and  trial  for  the  crime,  as  well  as  the  manner  of 
punishment.  So,  the  government  cannot  take  the  property  of 
any  one  for  public  use  until  the  law  has  set  out  the  uses  for 
which  it  can  be  taken  and  the  method  of  taking  it. 

(e)  Eminent  Domain.  It  is  recognized,  almost  universally, 
that  the  rights  of  the  many  are  above  the  rights  of  the  individ- 
ual. Indeed,  there  could  be  uo  government  except  upon  this 
theory.  Therefore,  when  the  public  needs  the  property  of  an 
individual,  it  has  a  right  to  take  it.  While  all  governments 
have  always  acted  upon  this  theory,  they  did  not  formerly 
recognize  any  obligation,  resting  upon  the  government,  to  pay 
for  the  property  so  taken.  The  founders  of  our  system  of  gov- 
ernment saw  the  justice  of  paying  for  property  taken.  All  the 
citizens  have  an  interest  in  the  government,  and  all  derive  some 
benefit  from  property-  taken  for  public  use.  Common  justice 
demands  that  those  who  receive  benefits  should  pay  for  them, 
liesides,  if  compensation  were  not  obligatory,  the  door  would 
l)e  open  for  the  rankest  oppression  on  the  part  of  the  men  who 
have  the  selection  of  the  property  needed,  and  leading  oppo- 
nents of  the  party  in  charge  of  the  government  could  be,  and 
probably  would  l)e,  often  ruined. 

12.  (Amendment  6.)  —  This  section  also  was  a  departure 
from  the  practice  of  many  European  governments.     Under  that 


34  BILL   OF    EIGHTS. 

practice,  a  prisoner  had  none  of  tlie  rights  herein  named. 
Some  of  them  might  he,  and  often  were,  granted  to  prisoners 
as  favors,  but  never  as  rights.  Prisoners  were  often  confined 
in  prison  for  years  without  being  tried,  and  sometimes  they  died 
there  without  trial.  This  was  especially  true  of  those  charged 
with  state  or  with  political  crimes.  Some  were  taken  for  trial 
to  distant  places,  away  from  their  friends  and  their  witnesses, 
frequently  without  any  knowledge  of  the  nature  of  the  crime 
imputed  to  them.  All  this  made  their  defense  more  difficult, 
and  their  conviction  more  eas}^  The  prisoner  was  often  kept 
ignorant  of  the  persons  who  testified  against  him,  as  well  as  of 
the  nature  of  the  testimony,  and  instances  were  not  rare  in 
P^uropean  history  in  which  he  was  not  allowed  witnesses  in  his 
behalf.  Until  quite  recent  times,  even  in  England,  the  prisoner 
was  not  allowed  to  have  a  lawyer  to  help  him  make  his  defense. 
In  all  respects,  he  had  to  make  whatever  defense  he  did  make 
in  the  dark.  A  bare  statement  of  the  course  of  European 
courts,  in  criminal  prosecutions,  is  enough  to  show  its  injustice, 
and  the  wisdom  of  the  amendment  prohibiting  such  practice  in 
the  United  States. 

13.  (Amendment  7.) — In  England,  the  right  of  trial  by 
jury  dates  from  very  early  times,  and  means  a  jury  of  twelve 
men.  The  jury-system,  then,  was  a  great  protection  against 
the  oppression  of  the  courts.  It  enables  all  suitors  to  have 
the  people  decide  the  facts  of  their  case,  while  the  court 
decides  the  law.  This  was  so  imi)ortant  to  English  subjects 
that  the  framers  of  the  amendments  to  the  constitution  made 
this  one  of  the  constitutional  rights  of  the  American  citizen. 
The  form  and  character  of  the  government  of  the  United 
States  are  so  different  from  those  of  the  European  govern- 
nicnts,  that  the  jury  is  not  so  important  to  us  as  to  Europeans. 
Its  abolition  is  seriousl}'  discussed.  It  has  been  modified  in 
many  of  the  states.  The  common  law  (the  rules  of  proceed- 
ings in  the  courts  of  England  at  the  time  of  the  formation  of 


BILL   OF   RIGHTS.  35 

the  constitution)  provided  methods  for  having  suits  re-exam- 
ined in  higher  courts,  and  this  amendment  prohibits  such  re-ex- 
amination, except  bj'  those  methods  of  the  common  law,  and 
prohibits  any  change  in  tiiose  methods. 

14.  (Amendment  8.)  — When  a  person  is  accused  of  a  crime 
and  lie  cannot  be  tried  at  once,  he  is  usually  admitted  to  bail, 
if  the  crime  is  less  than  murder.  To  give  bail  is  to  give  a 
bond  with  security  that  he  will  be  at  the  court  and  submit  to 
his  trial.  When  this  bond  is  given,  the  accused  is  allowed  to 
go  free  until  the  time  set  for  the  trial.  The  amount  of  this 
bond  must  correspond  with  the  seriousness  of  the  crime  charged. 
One  InuKbed  dollars  might  be  a  sufficient  bond  in  a  case  of 
assault  and  battery,  while  five  thousand  dollars  might  uot  be 
too  much  in  a  charge  of  manslaughter.  In  cases  of  stealing, 
the  bail  is  usually  fixed  with  reference  to  the  amount  stolen. 
In  theory,  the  bail  should  be  so  high  that  the  accused  cannot 
afford  to  run  away  from  trial,  and  jxt  uot  so  high  that  he  can- 
not find  friends  enough  to  advance  the  security.  If  the  bail  is 
for  a  greater  amount  than  is  necessary  to  secure  his  presence  at 
the  trial,  it  is  excessive.  "Cruel  and  unusual  punishments" 
are  such  as  have  not  been  inflicted  under  the  common  law. 

15.  (Amendment  9.) — The  old  theory  of  government  was 
that  the  people  possessed  no  rights.  Privileges  might  be 
granted  to  them  by  the  sovereign  and  withdrawn  again  at  [)leas- 
ure,  and  often  were.  The  ruler  alone  had  rights.  The  senti- 
ment of  the  civilized  world  was  changing  slowly  upon  this 
point  at  the  time  of  the  Revolution,  and  the  people  of  the 
colonies  claimed  personal  inherent  rights  to  life,  liberty,  and  to 
the  pursuit  of  happiness.  It  was  not  settled,  when  the  con- 
stitution was  formed,  what  the  limits  were  to  the  rights  that 
were  inherent,  and  the  people  feared  that  a  failure  to  name  a 
right,  in  the  constitution,  might  be  construed  to  mean  a  denial 
of  its  existence.  In  order,  therefore,  that  the  people  might 
not  be  deprived  of  any  right  which  they  had  possessed,  this 
amendment  was  adopted. 


36  •    IJILL    OF    IIIGHTS. 

16..  (Amendment  10.)  — The  government  of  the  United  States 
is  confessedly  one  of  delegated  powers,  only.  It  has  no  power 
except  such  as  is  given  to  it  by  the  constitution.  This  would 
seem  to  be  plainly  set  forth  in  the  constitution  itself.  But  the 
people  had  just  been  emancipated  from  a  government  that 
claimed  to  possess  inherent  and  unlimited  power,  and  they  had 
suffered  severely  under  that  government.  They  were  naturally 
distrustful  of  governments,  and  feared  that  the  new  government 
might  arrogate  to  itself  the  powers  that  other  governments 
claimed.  Under  this  amendment,  when  no  power  is  given  over 
a  subject  by  the  constitution,  and  is  not  prohibited  to  the 
states,  such  power  resides  still  with  the  people  of  the  states. 
But  this  amendment  should  not  be  construed  too  strictly.  It.  is 
held  by  courts  and  statesmen,  that  the  grant  of  a  power  to  an 
officer  or  to  a  political  body  carries  with  it  all  the  power  that  is 
needed  to  make  that  grant  effective.  Thus  it  has  often  been 
found,  in  the  history  of  the  United  States,  that  certain  action, 
on  the  part  of  Congress  or  of  the  President,  has  seemed  neces- 
sary in  the  due  and  proper  administration  of  the  government, 
and  yet  the  constitution  has  given  no  authority  for  the  per- 
formance of  such  action.  So,  during  the  late  civil  war. 
Congress  and  the  President  took  action  in  many  cases  which 
seemed  to  them  of  doubtful  constitutionality,  while  vet  such 
actions  were  essential  to  the  success  of  the  war.  They  felt 
that  they  were  bound  l)y  their  oath  of  office,  and  by  their  feel- 
ing of  patriotism,  to  preserve  the  Union  at  all  hazards.  Courts 
have  held,  in  the  case  of  inferior  officers  whose  powers  and 
duties  are  strictly  defined,  that  the  authority  to  do  an  act  car- 
ries with  it  authority  to  use  such  means  as  are  necessary  for  the 
accomplishment  of  that  end.  In  such  spirit,  this  amendment 
should  be  construed. 

17.  (Amendment  13.)  — By  the  adoption  of  this  amendment, 
in  1HG5,  it  luay  l)e  considered  that  another  section  was  added  to 
the  Bill  of  Rights.    Although  the  Declaratiou  of  Independence 


BILL    (yV    KTGHTS.  37 

used  veiT  genoval  terms  in  its  announconient  that  •*  all  !nen  are 
created  equal,"  and  are  endowed  with  rights  to  "life,  libert}', 
and  the  pursuit  of  happiness,"  the  government  was  adminis- 
tered, for  nearly  ninety  years,  on  the  theory  that  white  men 
only  possessed  those  rights.  Those  who  claimed  a  right  to  hold 
slaves  disclaimed  the  i)retense  that  that  right  dei)en(led  upon 
the  color  or  nationality  of  the  persons  held.  This  theory  was 
luidermining  the  right  of  white  men  to  their  liberty.  The 
failure  of  the  war  of  l.Sd !-(!.■>  gave  the  opportunity  for  a 
permanent  statement  in  the  constitution  of  the  inherent  and 
inalienable  rights  of  all  the  residents  in  the  United  States  to 
life  and  liberty.  Thus  the  constitution  was  brought  into  har- 
mony witii  the  Declaration  of  Independence. 

18.  (Sec.  1,  Amendment  14.)  — On  page  27,  doubt  is  ex- 
jircssed  as  to  the  precise  meaning  of  the  first  clause  of  section 
two,  Article  1\'-  This  amendment  seems  to  supplement  that 
provision.  Under  this  section,  all  persons  born  or  naturalized 
in  the  I'nited  States,  and  residing  therein,  are  citizens  of  the 
state  in  which  they  reside,  and  whatever  privileges  or  immuni- 
ties any  state  bestows  upon  one  citizen  must  also  be  bestowed 
upon  all  the  others.  This  amendment  was  adopted  in  ISfiS  as 
a  protection  to  the  newly  enfranchised  citizens  of  the  states 
lately  in  secession,  to  whom  equal  protection  of  tlie  laws,  and 
equal  privileges,  were  denied.  The  effect  of  this  amendment 
is  to  create  but  one  standartl  of  citizenship  in  all  the  states  and 
to  compel  each  state  to  recognize  the  citizens  of  all  other  states 
as  citizens  of  itself  upon  their  removal  within  its  ])order8.  It 
may  be  a  question  how  far  tlie  citizen  of  one  state,  removing 
to  another  state,  can  have  his  i)rivilege  to  vote  and  to  hold  otlice 
and  to  sit  on  juries,  curtailed  or  restricted. 

19.  (Amendment  15.). —  This  article  recognizes,  by  implica- 
tion, the  right  of  a  state  to  restrict  the  right  or  privilege  to  vote 
for  some  reasons,  but  it  prohil)its  such  restriction  for  reasons  of 
race,  color,  or  previous  condition  of  servitude.     So  far  then  as 


38  BILL   OF   RIGHTS. 

a  constitutional  provision  can  confer  a  right,  this  amendment 
may  be  said  to  recognize  the  right  of  a  citizen  of  the  United 
States  to  vote,  and  it  refuses  to  allow  a  denial  of  that  right 
unless  such  denial  is  based  upon  reasons  that  apply  to  all  races 
and  colors. 


THE    STATE. 


Soon  after  the  formation  of  the  constitution  it  was  ex- 
pressly stipuhited  by  the  tenth  amendment  that  all  powers 
not  granted  therein  to  the  United  States,  nor  prohibited 
by  it  to  the  states,  were  reserved  to  the  states  themselves. 
Each  state  has  a  system  of  government  which  concerns 
itself  more  completely  with  local  affairs  and  interests  than 
tlie  national  government  does.  Each  has  a  sphere  of 
rights,  duties,  and  privileges,  apart  from  the  other.  The 
state  government  is  divided  into  three  branches :  execu- 
tive, legislative,  and  judicial. 

Officers.  —  The  general  officers  of  a  state  usually  are  a 
Governor,  Lieutenant-Governor,  Secretary  of  State,  Treas- 
urer, Attorney-General,  and  Comptroller  or  Auditor. 

The  Governor  is  commander-in-chief  of  the  military 
forces  of  tlie  state,  and  it  is  his  duty  to  see  that  all  the  laws 
are  executed.  When  the  legislature  assembles,  he  sends 
it  a  message,  giving  such  information  as  he  deems  neces- 
sary, and  recommending  such  measures  as  he  thinks  advis- 
able. He  may  call  a  special  session  of  the  legislature  if  he 
finds  it  necessary.  In  some  states  he  may  grant  pardon  to 
criminals,  but  in  others  he  can  only  do  this  by  and  with 
the  consent  of  certain  official  advisers  designated  by  law. 
All  bills  passed  by  the  legislature  need  the  approval  of  the 
governor  before  they  become  laws.  If  he  does  not  ap- 
prove of  a  bill  he  may  return  it  to  the  house  in  which  it 
originated,  stating  his  objections ;  if  the  two  houses  still 
concur  in  passing  it,  notwithstanding  his  objections,  it  then 


40  THE   STATE. 

becomes  a  law  the  same  as  if  he  had  approved  it.  But  the 
majority  of  each  house,  to  pass  a  law  in  this  manner,  must 
be  greater  than  before  ;  in  some  states  a  majority  of  two- 
thirds  is  required,  and  in  others  a  majority  of  all  the  mem- 
bers elected  to  each  house  is  suflicient.  This  function  of 
the  governoT  in  legislation  is  called  the  veto  poicer^  and  it 
is  one  of  the  most  important  with  which  he  is  vested. 

In  most  states  the  Lieutenant-Governor  is  President 
of  the  Senate  and  has  the  casting  vote.  Through  the 
death,  resignation,  impeachment,  or  other  disability  of  the 
governor,  the  duties  of  that  office  devolve  upon  him  for  the 
rest  of  the  term.  In  Massachusetts  the  lieutenant-governor 
is  an  e.r-offirio  member  of  the  Governor's  Council,  but  has 
no  duties  in  connection  witli  tlie  Senate.  In  a  few  of  the 
states  there  is  no  such  officer.  Maine  is  an  example ;  the 
Constitution  not  providing  for  a  lieutenant-governor,  the 
President  of  the  Senate,  elected  by  that  body,  assumes  all 
the  duties  of  the  office  upon  the  death,  resignation,  or  im- 
peachment of  the  Governor. 

The  Secretary  of  State  is  th.e  keeper  of  all  the 
official  records,  executive  and  legislative,  and  of  the  elec- 
tion returns,  and  may  furnish  certified  copies  of  the  same 
to  all  persons  authorized  to  receive  them. 

The  Treasurepi  has  charge  of  all  the  money  paid 
into  the  treasury,  })aying  it  out  again  u}mn  warrants 
properly  certified. 

The  Attorney-General  appears  on  behalf  of  the 
state  in  all  litigation  in  which  the  state  is  an  interested 
party,  prosecutes  criminals,  and  prepares  drafts  of  con- 
tracts, and  other  papers  on  behalf  of  the  state. 

The  Auditor,  or  Comptroller,  as  he  is  called  in  some 
states,  audits  and  settles  accounts  due  to  and  from  the  state, 


CIVIL  AFFAIRS.  41 

estimates  the  amount  of  revenue  needed,  and  superintends 
its  collection.  He  makes  an  annual  report,  with  suggestions, 
in  regard  to  the  financial  condition  of  the  state. 

The  I^osif^lature.  —  This  is  composed  of  two  branches, 
a  Senate,  and  a  House  of  Representatives,  or  of  Assembly, 
as  it  is  called  in  some  states.  Each  branch  has  a  presid- 
ing officer,  a  President  in  the  Senate,  and  a  Speaker  in  tlie 
House,  a  Clerk,  Sergeant-at-arms,  and  other  officials  neces- 
sary to  preserve  order,  and  for  the  convenience  of  mem- 
bers. The  method  of  procedure  is  much  the  same  as  in 
the  Congress  of  the  United  States,  and  each  branch  within 
the  sphere  of  the  state  government  has  powers  and  duties 
similar  to  those  granted  to  and  exercised  by  each  branch 
of  Congress. 

Tlie  Jiirtioiary.  —  Each  state  has  a  number  of  courts 
for  the  trial  of  offences  against  persons  and  property,  and 
for  the  settlement  of  disputed  questions  between  citizens. 
The  method  of  appointment  of  judges  of  these  courts  is 
not  uniform  in  all  the  states :  in  sbme  they  are  appointed 
by  the  governor,  generally  with  the  approval  of  some  other 
officials  designated  by  law,  and  their  term  is  often  during 
life  or  good  behavior ;  whether  elected  or  appointed,  the 
term  of  office  is  generally  longer  in  higher  courts  than  in 
lower  ones.     Limitation  on  account  of  age  is  usual. 

These  vary  in  iheir  jurisdiction,  from  the  justice's  court, 
which  may  try  the  smallest  cases,  to  the  highest  appellate 
court.  If  a  person  is  dissatisfied  with  the  decision  of  a 
lower  court,  he  ma^^  generally  have  his  case  carried  to 
a  higher  one;  and  if  the  cause  be  of  sufficient  moment, 
he  may  carry  it  to  the  highest  court  for  final  decision. 

Probate  Courts.  —  That  court  which  comes  nearest  to 
the  whole  people  is  the  one  that  takes  charge  of  the  wills 


42  THE   STATE, 

of  deceased  persons,  and  under  whose  direction  their 
estates  are  administered.  The  property  of  those  who  die 
without  making  a  will  is  administered  upon  by  a  person 
appointed  by  this  court,  called  an  administrator.  Under 
a  will  this  court  sees  that  all  its  provisions  are  faithfully 
carried  out  by  the  executor.  The  estate  is  in  the  hands 
of  the  court  till  the  debts  are  paid  and  the  remaining 
property  distributed  according  to  the  will,  or  among  the 
next  of  kin  as  provided  by  law. 

In  the  different  states  this  court  does  not  always  have 
the  same  name.  There  are  Probate  Courts,  Surrogate 
Courts,  Courts  of  Widows  and  Orphans,  and  in  some  cases 
this  business  is  taken  charge  of  by  the  County  Court. 
Except  in  the  case  of  a  contested  will,  all  the  proceedings 
are  very  simple  and  informal. 

The  State  is  subdivided  into  connties,  and  these  into 
cities,  towns,  and  villages,  or  boroughs. 

Each  state  has  a  constitution  of  its  own  which  was  made 

by   a   convention    chosen   by   the    people,  and   generally 

.  adopted   by  a   popular    vote.     Its   powers    are    exercised 

through  three  departments  —  Legislative,  Executive,  and 

Judicial. 

The  state  makes  and  executes  laws  for  the  general  welfare 
of  all  the  citizens.  It  lays  and  collects  taxes  for  the  sup- 
port of  schools  to  educate  its  citizens,  and  promote  general 
intelligence.  It  provides  means  for  the  restraint  and  pun- 
ishment of  the  vicious  and  criminal ;  it  directly  supports, 
or  aids  in  the  support  of,  some  classes  of  the  poor,  and 
makes  provision  for  the  unfortunate  lunatics,  imbeciles, 
and  the  sick  and  crippled.  It  is  tlie  policy  of  all  govern- 
ments, however,  that  this  support  shall  come  fr5m  the 
place  where  the  disability  was  incurred,  or  the  person  has 
secured  a  legal  residence. 


CIVIL    AFFAIRS.  43 

The  County.  —  The  usual  eonnty  officers  are  a  judge, 
generally  of  probate,  sheriff,  clerk,  treasurer,  registrar, 
district  attorney,  coroner,  and  a  board  of  commissioners, 
which  in  some  states  are  called  supervisors,  freeholders, 
etc.  Many  of  the  states  also  have  county  superintendents 
or  commissioners  of  public  schools.  These  officials  have 
various  duties  to  perform,  as  their  titles  indicate. 

In  most  states  the  county  judge  presides  at  county 
courts,  attends  to  the  probate  of  wills,  and  estates  of 
deceased  persons  are  settled  under  his  direction,  where 
there  is  no  probate  judge  or  surrogate  ;  the  sheriff  is  to 
arrest  persons  cliarged  with  crime,  have  the  care  of  crim- 
inals and  of  the  county  buildings,  including  the  jail  or 
penitentiary,  maintain  order  in  court,  and  be  the  general 
peace  officer  of  the  county.  The  county  clerk  is  usually 
clerk  of  courts  held  in  the  county,  and  administers  the 
oath  to  jurors  and  records  the  judgments  of  tlie  courts. 

The  treasurer  receives  the  money  collected  for  county 
taxes  and  pays  it  out  for  expenses,  as  directed  by  law. 
The  district  attorney  is  the  prosecuting  officer  for  the 
county ;  it  is  his  duty  to  look  after  offenders,  draw  bills 
of  indictment  when  found  by  the  grand  jury,  and  try  the 
cases  before  the  court.  The  coroner  holds  inquests  upon 
the  bodies  of  those  suspected  of  death  through  mysteiious 
or  unlawfid  means.  The  county  commissioners,  etc.,  look 
after  the  county  highwa3's,  bridges,  buildings,  etc.  The 
county  superintendent,  or  commissioner  of  schools,  licenses 
teachers,  visits  schools,  and  apportions  public  money  for 
their  support,  as  directed  by  law 

The  City.  ^ — Most  cities  are  governed  by  written  char- 
ters received  from  the  state.  The  usual  officers  are  the 
mayor,  aldermen,  assessors,  board  of  education,  marshal. 


44  THE    STATE. 

or  chief  of  police,  superintendents  of  schools,  streets,  lamps, 
and  public  buildings.  The  aldermen,  or  city  council,  pass 
by-laws  for  the  government  of  the  city,  such  as  are  within 
the  powers  granted  them  by  their  charter,  and  provide 
means  for  their  execution.  The  most  common  subjects 
for  their  legislation  are  the  streets,  sidewalks,  pavements, 
lighting,  water  supply,  protection  against  fires,  and  of 
public  health. 

The  mayor  is  the  executive  officer,  of  the  city,  and  it  is 
his  duty  to  see  the  laws  enforced.  He  also  may  veto  the 
ordinances  passed  by  the  city  council.  The  city  courts 
try  offenses  against  the  city  ordinances,  and  cases  of  theft 
and  violence  arising  under  the  general  statutes.  It  is  the 
duty  of  the  marshal,  or  chief  of  police,  to  see  to  the  execu- 
tion of  the  orders  of  the  court. 

The  Town,  Village,  or  Boroiig-h.  —  The  town  govern- 
ments of  NeAv  England  are  the  nearest  to  the  ideal  of  a 
pure  democracy.  Here  the  people  assemble  annually  in 
town-meetings  at  the  call  of  the  "  Selectmen,"  to  choose 
the  town  officers  for  the  ensuing  year.  They  first  choose 
a  Moderator  from  among  their  number,  to  preside  during 
their  meeting  and  to  preserve  order.  They  hear  the  re- 
})orts  of  the  doings  of  their  servants  for  the  j)ast  year,  and 
elect  them  or  others  for  the  ensuing  year.  At  this  meeting 
they  vote  how  much  money  the  town  shall  raise  for  taxes 
for  the  year,  and  how  and  for  what  purposes  it  shall  be 
expended:  so  much  for  schools,  for  highways,  for  the  sup- 
port of  the  poor,  for  a  lire  department,  and  for  improve- 
ments. All  are  equal ;  and  many  local  affairs  are  legislated 
upon  and  decided  by  popular  vote  in  town-meeting  that  else- 
where are  delegated  to  elected  officers. 

A  village  sometimes  has,  and  a  borough  always  has,  a 


CIVIL   AFFAIRS.  46 

charter  from  the  state  enabling  it  to  do  many  things  that 
cannot  be  done  under  a  town  government ;  its  powers  to 
employ  police,  buy  fire  apparatus,  pave  and  grade  streets 
and  walks,  protect  public  health,  introduce  water,  light 
streets,  maintain  schools,  and  make  improvements,  are  in 
many  respects  equal  to  those  of  the  cities. 

Minor  divisions  of  a  town  or  township  are  usually  school 
districts,  with  power  to  appoint  trustees  or  directors,  raise 
money  for  the  erection  and  repair  of  buildings,  and,  in 
some  cases,  for  the  support  of  schools  and  the  employment 
of  teachers. 

Voters.  —  To  have  the  privilege  of  suffrage  a  })erson 
must  generally  be  a  citizen  of  the  United  States,  and  a 
resident  of  the  state  for  one  year,  and  of  the  town  or 
county  where  the  vote  is  offered  for  the  last  six  months 
preceding.  Some  of  the  states  are  rather  more  liberal  in 
their  provisions  ;  and  some  have  amended  their  laws  so  that 
women  having  certain  qualifications  may  vote  at  school 
meetings,  and  vote  for  and  serve  as  school  officers. 

But  in  general,  voters  must  be  male  persons,  twenty-one 
years  of  age,  and  neither  paupers,  convicted  criminals, 
lunatics,  idiots,  or  non-residents.  The  voting  is  by  ballot,  * 
and  in  places  too  large  for  the  officers  a})pointed  by  law 
to  su[)ervise  the  elections,  to  know  each  voter  personally, 
various  registry  and  other  laws  have  been  devised  to  pro- 
tect the  purity  of  elections,  and  to  secure  "a  free  ballot 
and  a  fair  count." 

An  Alien  may  enjoy  all  the  blessings  of  our  free  gov- 
ernment, but  he  can  have  no  voice  in  framing  its  laws,  or 
part  in  their  execution  ;  he  must  pay  taxes  the  same  as  the 
citizen,  and  he  is  benefited  etjually  in  their  expenditure  ; 
but  the  amount  to  Ijte  raised,  and  the  purposes  for  which  it 


46  THE   STATE. 

shall  be  expended,  are  determined  by  citizens  only.  The 
alien  may  have  the  same  civil  and  religious  rights  as  the 
citizen,  but  not  the  same  political  rights,  unless  after  a 
residence  for  a  suitable  term  of  years,  he  abjures  allegiance 
to  the  government  under  which  he  was  born  and  swears 
fealty  to  our  government. 

Laws.  —  The  sources  of  the  laws  affecting  the  American 
citizen  are  two  :  the  common  law,  whicli  derives  its  force, 
as  a  rule  of  action,  from  established  custom  and  long 
usage,  and  has  been  immemorially  received  and  recognized 
by  judicial  tribunals ;  and  law  which  has  been  enacted  by 
local,  state,  and  national  legislatures.  These  derive  their 
authority  from  constitutions  and  charters  framed  by  the 
delegates  of  the  whole  people  and  afterward  adopted  by 
another  set  of  delegates  or  by  the  majority  vote  of  the 
people.  The  common  law,  which  is  unwritten  law,  pre- 
vails wherever  there  is  no  statute  law  which  virtually 
repeals  it.  The  statute  law  is  enacted  by  the  representa- 
tives of  the  whole  body  politic,  is  approved  and  enforced 
by  its  executive  officers,  and  in  case  of  violation  or  differ- 
ence of  interpretation,  its  judiciary  declare  its  meaning 
and  pronounce  its  penalties. 

The  object  of  all  law  is  twofold,  — protection  to  person 
and  to  property ;  all  violations  of  human  law  are  of  one  of 
these  two  classes  of  offenses.  As  the  individual  in  orgfan- 
ized  society  gives  up  some  of  his  natural  rights,  he  acquires 
in  return  the  right  to  protection  by  society  in  the  enjoy- 
ment of  the  fruits  of  liis  labors,  securing  to  him  the  great- 
est freedom  consistent  with  the  freedom  and  rights  of 
others.  This  liberty  is  mainly  freedom  from  molestation 
or  interference  by  others,  so  that  the  individual  may  be 
able  to  attain  to  the  highest  intellectual,  pliysical,  moral. 


CIVIL   AFFAIES.  47 

and  religious  culture  of  which  he  is  capable ;  and  he  may 
have  the  utmost  liberty  of  speech,  thought,  and  action,  so 
far  as  the  exercise  of  these  do  not  interfere  with  the  enjoy- 
ment of  the  same  rights  by  others. 

Etlucation.  —  In  a  popular  government  like  ours,  where 
every  citizen  has  a  voice  and  vote  in  public  affairs,  it  is  of 
prime  importance  that  this  vote  should  be  an  educated 
one.  The  intelligence  of  the  people  is  tiie  safety  of  the 
state.  High  aims  and  noble  purposes  are  handmaids  of 
education,  while  ignorance  tends  to  idleness  and  vice. 

Hence  in  a  republic  the  people  are  willing  to  tax  them- 
selves freely  for  the  support  of  scliools;  to  erect  good 
buildings,  furnished  witli  necessary  apparatus,  and  pre- 
sided over  by  competent  teachers.  And  hence  too,  in 
many  states,  considerable  funds,  derived  from  the  sale  of 
public  lands  and  from  other  sources,  have  been  set  apart, 
and  the  income  forever  dedicated  to  this  purpose. 

Most,  if  not  all  of  the  states,  also  have  established 
normal  schools  for  the  better  preparation  of  teachers  for 
their  work,  where  any  person  of  suitable  age  and  character 
can  obtain  an  education,  tuition  fiee,  and  other  privileges, 
upon  the  promise  to  teach  within  the  state  a  certain 
number  of  years  after  graduating. 

The  states  generally  have  a  Superintendent  of  Public 
Instruction,  or  some  officer  that  acts  as  such.  In  most  of 
the  states  the  counties  too  have  such  an  official.  The 
county  superintendents  report  to  the  state  superintendent, 
and  he  in  turn  to  the  legislature  annually,  what  has 
been  done  in  his  department  the  preceding  year,  and 
makes  such  recommendations  as  he  thinks  necessary  to 
further  promote  the  interests  of  the  schools.  Where  there 
are  no  stiperintendents  for  the  counties,  the  local  officers 


48  THE   STATE. 

of  each  town,  school  district,  or  city,  report  the  details  of 
educational  work  for  the  year  to  the  state  superintendent. 

Several  of  the  states  have  a  compulsory  education  law, 
by  which  children  between  certain  ages  are  obliged  to 
attend  some  school  a  specified  number  of  months  in  each 
year.  The  course  of  study  in  the  different  states  is  widely 
various ;  in  some  the  law  commands  the  maintenance  of 
high  schools,  where  pupils  may  be  fitted  for  college,  or 
given  a  corresponding  education  in  all  the  higher  branches; 
while  in  others  the  high  school  is  a  matter  of  local  choice 
and  provision;  and  in  still  others  public  schools  impart 
only  the  most  elementarj^  instruction. 

Licenses  to  teachers  are  granted  b}^  state,  county,  and 
local  authorities;  the  requirements  in  different  localities 
are  widely  different,  and  the  proficiency  and  acquirements 
of  teachers  vary  accordingly.  But  in  all  the  states  the 
standard  is  being  raised,  in  response  to  the  demands  of  the 
people  for  better  educational  facilities.  The  subjects  of 
healthful  location  of  buildings,  proper  ventilation,  and 
heating  and  lighting,  and  general  sanitation,  are  receiving 
in  most  localities  the  attention  that  their  importance 
requires. 

Marriag-o.  —  In  this  countr}',  where  the  population  no- 
where crowds  upon  the  means  of  subsistence,  every  en- 
couragement is  afforded  by  social  and  civil  society  to  all 
persons  of  suitable  age  and  habits  to  enter  into  the  mar- 
riage relation.  In  some  of  the  crowded  countries  of  the 
old  world  the  opposite  state  of  affairs  exists,  and  obstacles 
are  throv/n  in  the  way  of  marriages. 

The  state  regards  marriage  as  a  civil  contract  to  which 
each  party  shall  agiee,  they  having  arrived  at  a  lawful  age 
at  which  they  can  bind  themsehes  by  a  contract.     Relig- 


CIVIL   AFFAIRS.  49 

ious  bodies  usually  regard  it  as  much  more  than  a  contract 
to  be  acknowledged  before  civil  authorities ;  to  them  it  is 
a  solemn  rite,  to  be  administered  by  consecrated  hands. 
Accordingly,  in  many  of  the  older  countries  there  is  a 
marriage  before  both  the  civil  and  religious  authorities. 
Generally,  in  this  country,  any  ordained  clergyman,  justice 
of  the  peace,  and  higher  judicial  officers,  mayors  of  cities, 
and  aldermen  in  some  states,  may  perform  the  marriage 
ceremony.  No  particular  form  of  ceremony  is  prescribed 
by  the  state,  or  necessary  to  the  validity  of  the  act. 

In  some  states  a  license  must  first  be  obtained  from  the 
city  or  town  clerk,  or  other  proper  official ;  in  others  no 
such  restriction  is  laid,  and  any  authorized  person  may 
perform  the  ceremony  before  the  necessary  witness  or 
witnesses,  after  having  first  ascertained  that  the  appli- 
cants are  of  lawful  age,  and  that  no  just  cause  or  impedi- 
ment to  the  marriage  exists.  All  marriages  must  be  re- 
ported to  the  proper  local  officer  of  city,  town,  or  county, 
to  be  recorded. 

Persons  of  feeble  or  unsound  minds  are  incapacitated 
fiom  forming  a  contract,  and  so  cannot  lawfully  enter  into 
the  marriage  relation.  There  must  be  neither  force  nor 
fraud  practised :  if  there  is,  the  courts  may  annul  the  mar- 
riage ;  free  consent  is  necessary  in  both  parties.  To  con- 
tract a  marriage  there  must  be  no  near  blood  relationship 
between  the  parties;  cousins  may  intermarry  if  they  will, 
but  nearer  relatives  are  prohibited  from  it.  The  husl)and 
is  bound  to  support  the  wife,  and  must  pay  all  the  bills 
that  she  contracts  for  necessaries,  or  for  such  articles  as 
are  suitaljle  to  their  station  in  life  ;  and  even  if  they  are 
separated,  he  is  often  so  l)oun(l,  unless  he  allows  her  a  suita- 
ble sum  for  her  support.    Under  the  common  law  the  prop- 


50  THE    STATE. 

erty  of  the  wife  was  all  suliject  to  the  control  of  the 
husband.  But  now,  through  laws  passed  by  some  states, 
she  is  enabled  to  hold,  lease,  or  sell,  or  make  any  dispo- 
sition of  it  she  pleases,  nearly  the  same  as  if  unmarried. 
The  wife  may  even  engage  in  trade  and  transact  business 
upon  her  separate  account,  and  may  enter  into  partner- 
ship with  other  persons,  becoming  liable  for  debts  as  far 
as  her  separate  property  is  concerned. 

Through  the  relation  of  mariiage  comes  the  family,  and 
the  outgrowth  of  the  family  is  social  and  civil  organiza- 
tion —  the  state.  Anything  that  tends  to  weaken  or 
undermine  the  sacredness  of  the  obligations  of  this  rela- 
tion, threatens  the  foundations  of  society  and  the  perma- 
nence of  the  powers  of  the  state  that  conserve  and  uphold 
the  things  that  make  for  peace,  purity,  and  prosperity. 
The  institution  of  marriage  is  of  divine  origin,  and 
the  reason  for  it  is  foand  in  the  constitution  of  human 
nature. 

Parents  and  Childreu.  —  Under  the  common  law  par- 
ents were  not  bound  to  support  their  children.  But  this 
has  generally  been  superseded  by  special  enactments  re- 
quiring the  support  and  education  of  the  offspring  of 
marriage,  according  to  the  parents'  condition  in  life. 
Many  of  the  states  also  have  enacted  laws  forbidding  the 
employment  of  children  in  factories,  or  hiring  them  out  to 
manual  labor  under  a  certain  age,  or  unless  they  have 
attended  some  school  a  required  number  of  weeks  or 
months  in  the  year.  It  is  the  duty  of  the  parent  not  only 
to  provide  their  children  with  suitable  food  and  clothing 
and  education,  but  also  to  see  that  they  have  proper  moral 
and  religious  training.  Although  this  is  not  a  legal  duty, 
yet  it  is  one  of  the  highest  moral  duties  that  the  parent 
owes  to  the  state. 


CIVIL   AFFAIRS.  51 

The  rights  and  duties  of  parent  and  child  are  reciprocal: 
it  is  the  right  and  duty  of  the  parent  to  exercise  authority 
over  the  child  and  to  properly  and  kindly  restrain  and 
correct  him  ;  filial  obedience  and  affection  are  the  duties 
of  the  child.  ^\s  it  is  the  duty  of  the  parent  to  care  for 
and  protect  the  child  in  helpless  infancy  and  inexperienced 
youth,  so  in  old  age  the  parent  has  the  right  to  receive 
from  the  child  whatever  aid,  guidance,  and  affectionate 
sui)port  he  may  need. 

Taxes.  —  As  the  government,  whether  town,  city,  state, 
or  national,  needs  a  revenue,  it  follows  that  it  must  have 
some  means  of  raising  money  to  pay  its  officers  who  attend 
to  the  different  departments  of  its  business,  and  enforce  its 
laws.     This  it  does  by  means  of  taxes. 

The  state  lays  taxes  for  its  support,  and  apportions  them 
equitably  among  the  cities  and  towns  of  which  it  is  com- 
posed ;  the  county  does  the  same,  the  city  or  towns  usually 
providing  the  machinery  by  which  the  taxes  are  collected. 

Taxes  are  of  two  kinds,  real  and  personal ;  and  a  few 
states  have  still  a  third  kind  of  tax,  called  a  poll  tax, 
which  is  imposed  upon  every  voter,  and  is  a  requisite 
(qualification  for  the  exercise  of  the  right  of  suffrage. 

Real  taxes  are  laid  upon  houses,  lands,  mills,  factories, 
etc.,  while  personal  taxes  are  laid  upon  stocks,  plate, 
money,  stock-in-trade,  furniture,  horses,  cattle,  etc. 

Most  propert}^  is  subject  to  taxation  except  the  tools  and 
utensils  of  the  mechanic  or  laborer,  })ublic  buildings,  and 
such  buildings  as  are  devoted  to  religious  and  charitable 
purposes,  and  the  necessary  lands  for  their  use. 

The  valuation  of  property  for  the  purpose  of  taxation  is 
ascertained  by  a  board  called  assessors.  The  state  and 
county  taxes  are  apportioned  to  the  towns  and  cities  ac- 


52  THE   STATE. 

cording  to  the  values  thus  found.  If  owners  of  property 
refuse  the  payment  of  taxes,  it  may  be  seized  and  sold, 
but  generall}^  with  the  right  of  redemption. 

Another  kind  of  tax  is  often  laid  in  cities  and  villages, 
called  an  assessment.  This  occurs  where  certain  property 
only,  or  the  residents  of  some  streets,  by  the  introduction 
of  improved  sewers,  laying  of  new  pavements,  or  opening 
of  new  streets,  and  sometimes  by  the  laying  out  of  parks, 
are  benefited.  It  would  be  obviously  unfair  to  tax  the 
whole  community  for  what  specially  benefits  individuals. 

For  what  purpose,  then,  are  these  taxes  collected,  and  by 
what  right  does  the  government  annually  take  a  small  por- 
tion of  each  person's  property  ?  The  right  may  be  said  to 
grow  out  of  the  necessity  for  the  maintenance  of  an  orderly 
condition  of  society.  Schools  must  be  supported,  highways 
and  bridges  must  be  built  and  repaired;  legislative  bodies 
must  meet  to  enact  laws,  and  executive  officers  must  see 
to  their  execution.  The  courts  must  be  open  for  the  re- 
lief of  wrongs  and  the  punishment  of  the  vicious ;  the  mi- 
litia must  be  enrolled,  armed,  and  trained ;  reformatories, 
jails,  and  prisons  must  be  built  and  maintained  for  the 
restraint  of  criminals ;  and  alms-houses,  asylums,  and  hos- 
pitals opened  for  the  unfortunate,  the  incapable,  and  the 
poor. 

Juries.  —  These  are  of  two  kinds,  grand  and  petit ;  the 
latter  is  a  trial  jury,  and  the  former  is  sometimes  called 
the  "grand  inquest  of  the  county."  The  grand  jury  is 
charged  with  the  investigation  of  such  crimes  and  misde- 
meanors as  may  be  brought  to  its  notice  by  the  district 
attorney ;  and  where  probable  cause  exists  to  believe  a  per- 
son guilty  of  a  crime,  '*  a  true  bill "  is  found  if  twelve  of 
them  agree  that  he  ought  to  be  brought  to  trial.    Likewise, 


CIVIL    AFFAIRS.  b6 

the  grand  jury  is  often  charged  b}'-  the  presiding  judge  to 
investigate  public  abuses  and  disorder,  and  make  present- 
ment of  their  findings.  Also  they  may  of  their  own 
motion  visit  jails,  hospitals,  asylums,  or  other  public  build- 
ings in  their  jurisdiction,  to  ascertain  from  personal  in- 
spection if  the  laws  and  rules  for  their  government  are 
observed,  and  the  welfare  and  order  of  the  inmates  prop- 
erly cared  for. 

The  petit  or  trial  jury  must  be  composed  of  twelve 
citizens  twenty-one  years  of  age,  and  they  must  be  of  an 
unbiased  judgment  in  regard  to  any  case  that  is  brought 
before  them.  They  are  sworn  to  try  each  case  imi3artially, 
and  render  a  verdict  in  accordance  with  the  facts  as  they 
shall  ascertain  them,  and  of  which  they  are  the  sole 
judges.  The  law  applicable  to  tlie  case  is  laid  down  to 
them  in  a  charge  by  the  judge.  The  jury  must  be  all 
agreed  upon  their  verdict ;  or,  if  they  cannot  agree,  they 
may  be  discharged  and  another  jur}''  summoned  to  try  the 
case. 

j\Iost  citizens  are  liable  to  jury  duty,  but  some  are 
exempt ;  as  public  officials,  ministers,  lawyers,  doctors, 
teachers,  locomotive  engineers,  and  many  others  whose 
enforced  absence  from  their  usual  duties  might  cause  no 
little  public  inconvenience. 

The  right  of  trial  b}^  "  a  jury  of  one's  peers  "  is  reck- 
oned as  a  precious  heritage  of  the  Anglo-Saxon  race.  It 
existed  before  Magna  Charta  (1215),  and  although  for  a 
long  period  subsequently,  jurymen  were  intimidated  often, 
and  sometimes  punished  for  rendering  a  verdict  contrary 
to  the  wishes  of  the  sovereign,  yet  the  people  have  held  to 
the  right  with  an  indomitable  will,  until  it  vv^as  freed  of 
these  abuses  and  became  w^hat  it  is  to-day. 


54  THE    STATE. 

Militia.  —  By  laws  of  most  if  not  all  of  the  states,  all 
able-bodied  citizens  between  the  ages  of  eighteen  and 
forty -five  are  enrolled,  and  are  liable  to  be  summoned  for 
duty  as  state  troops.  The  executive,  judicial,  and  legisla- 
tive ofhcers  of  the  state  government,  and  some  others,  as 
clergymen,  physicians,  and  firemen,  are  exempted  from 
this  enrollment.  The  governor  of  the  state  is  the  com- 
mander-in-chief of  the  military  forces  of  the  state,  but 
when  called  into  active  service,  they  cannot  be  sent  out  of 
the  state  without  their  own  consent. 

While  in  fact  the  militia  consists  of  this  enrolled  bod}'- 
of  citizens,  in  practice,  and  as  commonly  known,  the  state 
troops  are  composed  of  a  volunteer  body  of  citizens  who 
organize  themselves  under  the  laws  of  the  state,  choosing 
their  own  company  officers  by  a  popular  vote,  who  in  turn 
choose  regimental,  brigade,  and  division  officers,  who  are 
appointed  and  commissioned  by  the  governor. 

In  many  states  they  are  furnished  by  the  state  with 
arms,  equipments,  and  armories,  and  generally  every- 
where they  are  aided  more  or  less  by  the  state  in  the 
expenses  of  their  organization. 

The  company  officers  are  a  captain  and  first  and  second 
lieutenants;  the  officers  of  a  regiment  are  a  colonel,  lieu- 
tenant-colonel, major,  adjutant,  and  chaplain  ;  there  are 
brigade  and  division  commanders,  with  the  rank  of  briga- 
dier and  major-general  respectively.  The  governor  of  a 
state  can  summon  the  whole  or  any  part  of  these  organ- 
ized bodies  to  duty  in  a  time  of  insurrection  or  rebellion, 
or  when  the  resistance  to  the  ordinary  peace  officers  of  a 
county  is  too  formidable  for  them  to  overcome. 

In  the  late  war,  1861-65,  the  most  of  the  troops  engaged 
consisted  of  volunteers  raised    in  the  several  states,  and 


CIVIL    AFFAIRS.  55 

afterward  mustered  into  the  service  of  the  country,  the 
militia  or  some  part  of  it  most  frequently  furnishing  the 
nucleus  of  the  organization.  As  a  trainings  school  and  a 
rallying  point  in  time  of  need,  as  well  as  for  its  conserva- 
tive force,  it  is  of  great  value.  In  several  states,  as  in 
New  York  and  Pennsylvania,  this  organization  is  called 
the  National  Guard'.  Sometimes  an  order  to  a  portion  of 
this  force  to  assemble  under  arms  has  the  effect  of  repress- 
ing disturbance,  quelling  turbulent  spirits,  and  averting 
riot  and  bloodshed.  • 

Prisons,  Asylums,  etc.  —  The  states  generally  provide 
prisons  or  penitentiaries  for  criminals,  and  asylums  for 
their  unfortunate  citizens,  who,  being  bereft  of  their  natu- 
lal  protectors,  and  being  incapable  of  self-support  through 
lunacy,  idiocy,  or  bodily  weakness,  become  a  charge  upon 
the  state.  This  is  considered  a  proper  object  for  which  a 
tax  may  be  laid  upon  the  whole  people,  except  so  far  as, 
under  the  direction  of  their  overseers  and  guardians  in 
these  public  institutions,  they  may  do  something  to  con- 
tribute to  their  own  support.  Whatever  states  do  or  fail 
to  do  to  ameliorate  the  condition  of  the  blind,  the  crip- 
pled, the  mentally  unsound,  the  orphans,  and  other  unfor- 
tunates, is  evidence  of  their  advance  in  civilization.  Towns, 
cities,  and  counties  also  often  have  such  institutions.  The 
inmates  of  state  prisons,  being  able-bodied  persons  gener- 
ally, these  may  be  made  self-supporting  usually,  and  no 
charge  upon  the  public  for  their  maintenance.  Cities  and 
counties  have  jails  and  lock-ups  for  a  lower  grade  of  crim- 
inals, and  for  the  detention  of  those  charged  with  crime 
who  are  waiting  trial. 

Criniiuals.  —  Warrants  for  the  arrest  of  a  person  charged 
with  crime  may  be   obtained  from   a  magistrate  having 


56  THE   STATE. 

jurisdiction,  unless  tlie  act  be  witnessed  by  an  officer  of 
the  law,  in  which  case  no  warrant  is  necessary.  For  all 
the  lower  grades  of  offenses  the  penalty  may  be  awarded 
-  by  the  magistrate  without  the  formality  of  a  trial  by  jury. 
The  procedure  in  case  of  more  serious  offenses  is  more 
deliberate  and  formal.  Usually  there  is  an  examination 
before  the  nearest  sitting  magistrate,  although  that  may 
be  waived  by  the  accused,  and  he  be  committed  without 
it,  to  await  the  action  of  the  grand  jury.  If  an  examina- 
tion is  had,  and  there  is  probable  cause  to  believe  the 
accused  guilty,  he  is  committed,  and  the  evidence  is  laid 
before  the  grand  jury  at  its  next  session ;  all  the  evidence 
which  the}'  look  into  is  that  against  tlie  accused ;  and  if 
twelve  of  this  body  think  there  is  reason  to  believe  him 
guilty,  a  '■'•  true  bill "  is  found,  and  he  must  be  tried  in  a 
court  having  jurisdiction  of  such  cases. 

The  presumption  of  innocence  is  the  theory  of  the  law, 
until  the  guilt  is  established  to  the  satisfaction  of  a  jury 
of  twelve  men.  But  still  the  law  holds  the  accused  in 
custody  while  he  is  waiting  trial,  unless  the  offense  be 
bailable.  Bail  will  generally  be  taken  in  case  of  most 
crimes  against  the  person,  short  of  murder,  or  attempts  to 
commit  murder;  and  in  crimes  against  property,  unless  an 
immense  sum  is  involved.  The  .prisoner  is  generally  enti- 
tled to  counsel,  and  if  through  poverty  he  has  not  the 
means  to  hire  a  lawyer  to  defend  his  case,  one  may  be 
assigned  him  by  the  court.  He  is  entitled  to  know  expli- 
citly with  what  he  is  charged,  to  have  time  to  prepare  for 
trial,  and  to  have  the  authority  of  the  court  for  summon- 
ing and  compelling  the  attendance  of  his  witnesses. 

The  law  also  secures  for  him  a  trial  before  an  impartial 
and  unbiased  jury.     If  they  acquit  him,  he  is  discharged, 


CIVIL   AFFAIRS.  57 

but  if  they  convict  liini,  lie  is  either  sentenced  at  once  by 
the  court,  or  remanded  to  await  sentence  at  a  future  day. 
In  any  grave  crimes  he  may,  after  conviction,  have  his  case 
argued  upon  points  of  law  before  a  full  bench,  and  if  their 
decision  is  against  him,  he  may  even  carry  his  case  to  the 
court  of  highest  jurisdiction  in  the  state.  The  law  allows 
the  court  large  discretion  in  awarding  penalties;  they  may 
be  by  both  fine  and  imprisonment,  or  either  one,  as  the 
court  decides.  And  the  law,  too,  names  a  larger  and  a 
smaller  sum  for  the  fine,  and  a  longer  and  a  shorter  term 
for  the  imprisonment,  which  shall  be  fixed  by  the  court  as 
it  considers  the  offence  to  be  aggravated,  or  to  have  some 
mitigating  circumstances. 

A  person  restrained  of  his  liberty  unlawfully,  as  he 
thinks,  may  sue  out  a  writ  of  habeas  corpus  and  be  brought 
before  a  court  having  jurisdiction  and  demand  that  good 
and  sufficient  cause  should  then  be  shown  why  he  should 
not  be  set  at  liberty ;  if  it  be  shown  that  he  is  lawfully 
held,  he  will  be  returned  to  custody ;  otherwise,  he  Avill  be 
discharged.  While  it  is  of  great  importance  that  the  ex- 
ecutive officers  should  be  able  to  arrest  and  hold  upon 
probable  evidence  all  offenders,  yet  this  writ  of  haheas  eor- 
pus  is  equally  necessary  for  tlie  security  of  the  citizen. 
It  can  be  suspended  only  at  critical  times,  and  for  the 
gravest  causes. 

Punishment  for  crime  is  a  means  to  an  end ;  tlie  end 
being  the  good  order  and  welfare  of  the  body  politic ;  it 
is  not  so  much  for  its  effect  upon  the  criminal,  as  for  its 
deterrent  effect  upon  other  possible  criminals.  The  pen- 
alty does  not  expiate  the  crime,  but  its  infliction  tends  to 
the  protection  of  the  community  against  its  further  com- 
mission.    A  great  body  of  people  probably  live  out  their 


58  THE   STATE. 

lives  without  having  seen  a  court  of  Law ;  they  are  not 
parties  to  a  suit,  and  are  summoned  neither  as  witnesses 
nor  jurymen.  Yet  are  not  these  people  benefited  by  the 
courts  ?  this  class  of  people  perhaps  derives  greater  advan- 
tages from  them  than  any  other.  The  peace  and  security 
which  they  feel  and  enjoy,  are  maintained  by  forces  which 
they  do  not  see,  but  which  are  none  the  less  efficient  in 
securing  order  and  dispensing  justice. 

A  Will  is  a  legal  declaration  of  a  person's  wishes 
respecting  the  disposal  of  his  property  after  death.  Any 
person  of  sound  mind  and  proper  age  can  make  a  will ; 
but  in  some  states  a  married  woman  cannot,  except  it  be 
relative  to  trust  funds  she  holds.  Competent  persons,  not 
benefited  by  its  provisions,  must  witness  the  signature  of 
the  will ;  in  some  states  three  are  required,  in  others  onl}" 
two.  The  maker  of  a  will  is  a  testator ;  the  person  appointed 
to  carry  out  its  provisions  is  an  executor  or  administrator. 
After  the  death  of  the  testator,  his  will  is  presented  to  the 
probate  judge,  who  directs  that  notice  be  given,  by  public 
advertisement,  of  the  probate  of  the  will.  If  there  is  no 
opposition,  the  will  is  "proven."  The  executor,  who  must 
usually  give  bonds  for  the  faithful  performance  of  his  trust, 
proportioned  to  the  value  of  the  estate,  gives  notice  to  all 
parties  having  claims  against  it  to  present  them  to  him,  and 
to  all  owing  it,  that  payment  must  be  made  to  him. 

Usually  two  years  is  allowed  for  the  proving  and  settle- 
ment of  claims.  The  executor  must  report  all  his  proceed- 
ings to  the  judge  once  a  year,  or  oftener,  as  he  may  direct. 
A  testator  desiring  to  favor  some  of  his  children  more  than 
others,  or  wishing  to  disinherit  any,  must  be  certain  to 
mention  these  i)ersons  by  name,  else  it  might  be  held  that 
they  were  forgotten  or  overlooked,  and  its  provisions  con- 


BUSINESS    AFFAIES.  59 

tested  upon  that  grouiul.  But  courts  usually  upliold  the 
wishes  of  the  deceased  where  they  can  be  clearly  ascer- 
tained. 

If  a  person  dies  without  making  a  will,  he  is  legally 
described  as  intestate ;  and  a  person  called  an  administra- 
tor is  appointed  by  the  court  to  settle  the  estate,  dividing 
the  property,  after  the  payment  of  the  debts,  among  the 
next  of  kin,  according  to  law. 

Informal  wills  made  upon  a  battle-field,  or  by  one  in 
momentary  expectation  of  death  by  drowning  at  sea,  or 
otherwise,  have  been  allowed  and  held  valid  by  the  courts. 

Guardians  for  minor  children  are  appointed  by  the 
court  where  none  are  named  by  the  testator.  Gifts  and 
bequests  are  usually  upheld,  even  though  they  may  seem 
to  work  hardship  to  the  lawful  heirs. 

Contracts.  —  A  contract  is  an  agreement  voluntarily 
made  between  two  or  more  persons  of  sound  mind,  to  do, 
or  not  to  do,  a  certain  thing.  It  may  be  made  orally,  or 
committed  to  writing ;  but  the  essential  part  is,  that  it  is 
founded  upon  the  mutual  understanding  and  agreement 
of  the  parties. 

Some  persons  are  naturally  incapacitated  to  make  a 
contract,  such  as  idiots,  lunatics,  drunkards,  and  any  other 
persons  who  by  reason  of  age  or  infirmity  are  incapable  of 
rightly  managing  their  affairs.  An  idiot  is  mentally  defi- 
cient, and  incapable  of  acting  for  himself.  A  lunatic 
might  have  a  lucid  interval  when,  if  not  under  guardian- 
ship, he  could  make  a  contract.  But  if  disputed,  the  bur- 
den of  proof  would  be  upon  the  party  sustaining  its 
validity.  So  a  drunkard  may  have  sober  intervals  when 
he  may  make  a  contract,  the  necessary  part  being  the 
capacity  to  give  a  voluntary  and  deliberate  consent. 


60  THE   STATE. 

All  persons  under  twenty-one  years  of  age,  and  married 
women  in  respect  to  some  contracts,  are  legally  incapaci- 
tated to  make  a  valid  contract.  If  induced  to  make  one, 
it  may  be  repudiated  unless  confirmed  by  the  parent  or 
guardian,  or  confirmed  by  the  person  after  coming  of  age, 
or  after  the  disability  is  removed.  There  is  an  apparent 
exce^jtiou  to  this  in  respect  to  debts  that  might  be  incurred 
for  food  and  clothing,  and  necessary  education. 

In  general,  the  legality  of  a  contract  will  be  presumed, 
and  to  avoid  it  the  contrary  must  be  shown.  But  a  con- 
tract such  as  would  violate  the  general  principles  of  morality 
and  justice,  or  would  be  a  violation  of  law,  or  repugnant 
to  public  policy,  would  be  illegal. 

A  contract  must  be  for  a  good  or  a  valuable  considera- 
tion. A  good  consideration  is  one  that  would  warrant  a 
gift  of  property,  such  as  natural  affection  and  blood  rela- 
tionship. A  valuable  consideration  is  one  that  the  par!.xes 
themselves  esteem  sufficient  to  induce  them  to  undertake  to 
perform  the  service,  or  assume  the  relations  agreed  upon. 

It  is  a  general  rule  in  the  construction  of  contracts,  that 
they  will  be  so  construed  as  best  to  give  effect  to  the  in- 
tention of  the  parties  to  them.  Also  that  the  law  of  the 
place  where  made,  is  binding  in  the  construction.  An 
agreement  to  do  any  certain  thing  must  be  reduced  to 
writing  and  signed  by  the  parties,  if  the  time  of  the  per- 
formance is  more  than  a  year  from  the  time  of  the  agree- 
ment. The  only  exception  to  this  is  a  mutual  agreement 
to  marry. 

Fraud  will  invalidate  any  contract ;  it  is  required  that 
there  shall  be  good  faith  in  every  person  negotiating  one, 
and  that  he  will  not  be  a  party  to,  or  permit,  any  deception 
or  misrepresentation  as  an  inducement  to  enter  into  one. 


BUSINESS    AFFAIRS.  61 

No  essential  fact  can  lawfully  be  concealed,  or  defect  cov- 
ered up,  without  rendering  it  as  voidable  as  if  wilful  mis- 
representation had  been  made.  So  a  contract  made  under 
a  threat  or  coercion,  is  voidable  ;  it  must  be  the  free  and 
voluntary  act  of  the  person,  or  it  cannot  be  maintained. 

A  Contract  for  services  to  be  performed  may  be  either 
oral  or  written,  except  that  if  the  terra  be  for  more  than 
one  year  it  must  be  in  writing,  in  order  to  be  binding.  In 
all  cases  where  there  are  any  special  agreements  or  con- 
ditions, it  is  desirable  that  they  should  be  written  out 
clearly,  in  order  to  prevent  any  future  misunderstanding. 
When  no  time  of  payment  for  labor  is  specified  in  the 
agreement,  it  is  held  to  be  due  only  when  the  service  is 
completely  performed.  And  if  one  leaves  without  good 
cause  before  the  labor  is  completed,  he  cannot  recover  for 
what  he  has  done  already.  Even  if  he  leaves  for  a  day 
without  cause,  the  employer  is  not  bound  to  take  him 
back,  nor  to  pay  him  for  services  previously  rendered. 
But  if  he  were  sick,  or  he  should  die,  or  if  compelled  to 
leave  through  the  misconduct  of  the  employer,  then  lie  is 
entitled  to  full  pay  for  all  the  services  rendered.  If  a 
minor  makes  a  contract  for  services  and  receives  pay  for 
them,  if  they  were  reasonably  worth  more,  he  may  recover 
the  difference  after  coming  of  age. 

In  a  contract  to  build  a  house,  if  the  specifications  are 
varied  from  at  the  request  of  the  employer,  the  builder 
may  recover  a  reasonable  amount  for  cost  of  extra  mate- 
rials or  labor.  But  if  the  builder  does  not  follow  specifi- 
cations through  design  or  negligence  of  his  own,  he  cannot 
collect  what  the  house,  as  built,  may  be  reasonably  worth. 
Yet  the  employer  may  make  himself  liable  by  occasionally 
inspecting  the   work   and    materials   and    expressing   ap- 


62  THE   STATE. 

proval.  If  a  contractor  puts  in  better  materials  than  he 
agreed,  he  cannot  collect  the  difference  in  cost.  A  con- 
tract for  services  implies  ordinary  skill,  and  good  faith  in 
their  performance.  Generally  no  one  can  enforce  a  claim 
for  services  rendered  to  another  party  without  his  request. 
If  a  contract  becomes  impossible  of  performance,  it  is  a 
rule  that  payment  must  be  made  in  a  reasonable  sum  and 
equitably  for  what  has  been  done. 

Partuershii).  —  When  two  or  more  persons  associate 
tliemselves  together  to  prosecute  some  lawful  business,  and 
to  share  its  profits  and  losses,  they  are  called  partners. 
This  partnership  may  be  limited  to  a  single  transaction,  or 
it  may  involve  an  extended  business  lasting  through  a 
term  of  j^ears.  The  contract  by  which  the  parties  bind 
themselves  may  be  either  oral  or  written,  but  it  is  wise  to 
have  the  whole  agreement  in  writing,  defining  the  nature 
of  the  business,  the  services  each  partner  is  to  perform, 
the  capital  and  share  of  the  profit  or  loss,  when  it  shall 
terminate,  if  limited  in  time,  and  what  shall  be  done  in 
the  case  of  the  death  of  either  partner. 

An  essential  feature  of  a  partnership,  is  that  profits  and 
losses  are  shared  in  common.  The  same  legal  qualifica- 
tions are  required  in  the  parties  to  a  partnership  as  in 
those  to  any  other  kind  of  contract.  A  married  woman 
may  enter  into  partnership  and  become  liable  t(j  tlie 
extent  of  her  separate  property.  In  a  general  partnership, 
as  related  to  the  public,  all  are  jointly  and  individually 
liable  for  its  debts ;  but  as  among  themselves,  they  are 
liable  according  to  the  terms  of  their  contract.  A  dor- 
mant partner,  who  lias  a  secret  interest  in  the  business,  if 
discovered,  is  liable  for  its  debts,  as  is  also  a  nominal  part- 
ner, who  has  no  interest,  but  who  lends  his  name  for  the 


BUSINESS    AFFAIRS.  63 

purpose  of  giving  it  credit.  .V  partner  is  not  entitled  to 
pay  for  his  services  beyond  liis  share  of  the  profits,  unless 
the  agreement  provides  for  it.  Neither  can  a  partner  dis- 
[)Ose  of  his  interest  to  a  third  person  and  constitute  him  a 
partner  in  the  business. 

When  the  time  of  continuance  of  a  partnership  is  not 
named  in  the  contract,  it  is  said  to  be  at  will.  And  where 
it  is  at  will,  it  may  be  dissolved  at  any  time  by  either  part- 
ner, but  he  will  be  liable  to  all  the  others  for  damages. 
Generally  a  partnership  at  will  is  dissolved  by  the  viola- 
tion of  the  agreement  by  a  partner,  or  his  bankruptcy,  sale 
of  interest,  felony,  or  death.  All  special  agreements 
among  partners  are  good  as  among  themselves,  but  not  as 
against  third  parties,  unless  specially  brought  to  their 
notice. 

Each  partner  is  an  agent  for  all  the  others  to  transact 
any  and  all  of  its  business,  but  he  has  no  right  to  use  the 
firm  name  in  his  individual  business,  nor  to  use  funds  of 
the  firm  for  his  own  benefit.  Each  partner  is  bound  to 
exercise  the  utmost  good  faith  toward  the  others,  giving 
all  information  respecting  the  common  interest,  and  zeal- 
ously co-operating  to  promote  all  the  interests  of  the  part- 
nership. If  a  partnership  is  dissolved  by  a  partner's  death, 
the  legal  title  vests  in  the  survivors,  and  they  must 
account  to  the  representatives  of  the  deceased  for  his 
share ;  as  long  as  they  do  this  with  fidelity,  his  heirs  can- 
not interfere  in  the  adjustment  of  the  partnership  accounts 
and  arrangement  of  the  business.  If  there  is  not  property 
enough  to  pay  its  debts,  his  private  property  may  be  taken 
for  that  purpose ;  but  sufficient  must  first  be  applied  to 
extinguish  his  individual  indebtedness. 

A  limited  partnershi])  differs  from  a  general  partnership 


64  THE   STATE. 

in  that  public  notice  must  be  given,  proven,  and  recorded 
in  the  same  manner  as  a  conveyance  of  real  estate,  and 
also  published  in  the  newspapers  of  the  locality  of  the 
business.  The  certificate,  signed  by  each  one,  must  set 
forth  the  name  of  the  firm,  the  nature  of  the  business  it  is 
to  transact,  who  are  general  and  who  are  special  partners, 
with  their  residences,  the  amount  of  capital  each  one  con- 
tributes, and  the  period  for  which  it  is  formed.  These 
partners  are  not  liable  beyond  the  amounts  they  agree  to 
contribute.  A  special  partner  may  die  or  dispose  of  his 
interest  without  working  the  dissohition  of  tlie  firm.  Such 
partnership  cannot  be  dissolved  before  the  time  specified 
in  the  certificate  without  giving  equally  public  notice, 
and  taking  legal  steps  similar  to  those  necessary  at  its 
formation. 

A  joint  stock  company  is  virtually  a  limited  partner- 
ship, as  described  in  the  last  paragraph,  having  officers 
such  as  president,  secretary,  and  treasurer,  for  its  own 
convenience  in  the  transaction  of  business.  Suits  at  law 
may  be  instituted  by  and  against  them  in  the  name  of  one 
of  their  officers. 

Mortgrages.  —  A  mortgage  is  a  conveyance  of  property 
upon  condition,  as  security  for  the  payment  of  a  debt. 
Generally  the  mortgagor  is  considered  the  real  owner  of 
the  property,  subject  only  to  the  lien  upon  it  for  the  pay- 
ment of  the  debt,  or  performance  of  other  condition.  If 
the  mortgagor  defaults,  the  mortgagee  may  compel  him  to 
perform  the  condition  named  in  the  deed,  or  he  may  obtain 
judgment,  and  have  the  premises  sold  upon  execution  to 
satisfy  the  condition.  A  mortgage  must  be  as  formal  as  a 
deed  making  an  absolute  conveyance  of  property.  It  must 
be  subscribed,  witnessed,  and  recorded  in  the  same  way,  in 


BUSINESS   AFFAIRS.  65 

order  to  insure  its  validity.  An  unrecorded  mortgage  is 
valueless  as  against  an  innocent  purcliaser  of  the  same 
property.  Also  the  wife  of  the  mortgagor  must  join  in 
the  conveyance,  or  she  will  retain  her  right  of  dower  in 
the  premises  after  his  death. 

In  the  mortgage  of  personal  property  it  is  usual  also  for 
the  mortgagor  to  retain  its  possession  until  he  makes  de- 
fault of  payment,  or  other  condition  which  entitles  the 
mortgagee  to  enforce  his  rights.  Authorities  state  that 
the  mortgagee  has  a  right  to  the  custody  of  the  property 
mortgaged,  but  in  practise  the  mortgagor  usually  retains 
it.  If  the  property  so  mortgaged  be  levied  on  for  other 
debts  of  the  mortgagor,  it  can  be  sold  only  subject  to  the 
rights  of  the  mortgagee.  As  in  the  case  of  real  estate,  the 
mortgage  must  be  recorded,  or  it  will  not  hold  the  sale  of 
the  property  as  against  the  title  of  an  innocent  purchaser. 
If  a  mortgagor  fails  to  meet  the  conditions  of  the  mortgage, 
and  at  the  same  time  refuses  to  yield  the  possession  to  the 
mortgagee,  to  which  his  deed  entitles  him,  then  the  mort- 
gagee may  recover  the  property  the  same  as  he  would  any 
other,  the  rightful  possession  of  which  was  withheld  from 
him. 

Liens.  —  A  lien  is  a  right  that  one  may  have  to  hold 
the  property  of  another  as  security  for  the  payment  of  a 
debt,  or  the  discharge  of  some  obligation.  One  who  fur- 
nishes materials  for  a  building,  or  for  the  manufacture  of 
an  article,  has  a  lien  upon  it  for  the  payment  of  their  value, 
and  the  mechanic  employed  in  erecting  a  building,  or  mak- 
ing some  article,  has  a  lien  upon  it  for  the  payment  of  the 
value  of  his  services.  The  keeper  of  a  hotel  or  a  boarding- 
house  has  a  lien  upon  the  baggage  of  a  guest  for  his 
charges  for  entertainment.     A  carrier  may  retahi  posses- 


Qo  THE   STATE, 

sion  of  goods  to  secure  payment  of  his  charges,  and  where 
one  furnishes  material  to  a  mechanic  for  the  manufacture 
of  an  article,  the  mechanic  has  a  lien  upon  it  for  the  pay- 
ment of  his  labor  ;  and  so  too  where  one  has  left  property 
to  be  repaired.  An  agent  or  tradesman  who  has  advanced 
money  for  freight  or  labor  upon  goods  of  another  in  his 
hands,  has  a  lien  u})on  them  as  security  for  payment  of 
these  advances. 

Leases  for  a  period  not  exceeding  one  year  will  be  held 
valid,  even  if  not  in  Avriting,  although  it  is  prudent  to 
have  the  conditions  of  the  lease  reduced  to  writing  and 
properly  witnessed.  A  lease  may  contain  any  provisions 
in  regard  to  amount  of  rent  and  time  of  payment,  and 
conditions  concerning  use  of  the  premises,  and  about 
repairs  and  alterations,  to  which  the  parties  agree.  If  the 
landlord  agrees  to  make  repairs  and  does  not  do  it,  the 
tenant  may,  after  due  notice,  make  them  himself  and 
collect  the  cost  from  him.  At  common  law  if  a  leased 
building  be  burned  up,  or  become  so  injured  as  to  l)e  un- 
tenantable, the  rent  will  not  cease,  unless  the  contract  pro- 
vides differently.  The  tenant  is  entitled  to  a  reasonable 
use  of  the  premises  without  any  interference  from  the 
landlord.  If  the  lessor  should  do  anything  tu  jjreclude 
their  beneficial  use  by  the  tenant,  he  may  vacate  the 
premises  and  refuse  further  payment  of  rent.  On  the 
other  hand,  should  the  tenant  create  a  nuisance  upon  the 
premises,  or  injure  them  beyond  the  ordinary  wear,  or 
refuse  to  pay  the  rent,  the  lessor  may  eject  him  and 
recover  possession. 

Generally  a  lease  will  contain  some  provision  as  to 
whether  the'  tenant  may  sublet  a  part  of  the  premises,  or 
dispose  of  his  whole  lease  at  his  pleasure  during  the  term 


BUSINESS    AFFAIRS.  67 

of  the  tenancy.  Also,  if  it  be  in  the  city,  it  will  provide 
wlio  shall  pay  the  water  rates.  The  rights  of  a  tenant  are 
not  affected  by  a  sale  of  the  property  during  his  term  of 
occupancy,  the  purchaser  being  bound  by  the  contract 
of  the  seller.  If  the  lease  is  of  land,  it  will  provide  who 
shall  have  any  crops  that  may  be  standing  at  its  expira- 
tion ;  in  absence  of  such  provision  they  will  belong  to  the 
lessor,  unless  the  time  should  be  uncertain,  when  they 
would  belong  to  the  lessee. 

It  is  the  duty  of  the  tenant  to  vacate  the  premises  at 
once  on  the  expiration  of  liis  lease,  and  no  notice  to  quit 
is  necessary ;  if  he  does  not  go,  the  landlord  nuiy  resort  to 
legal  process  to  eject  him.  Where  he  is  a  tenant  at  will, 
a  notice  to  quit  is  necessary ;  usually  a  month's  notice  is 
sufhcient,  but  in  some  cases  as  long  a  time  may  be  required 
as  the  intervals  agreed  upon  for  the  payment  of  rent. 

Sales.  —  Sale  of  real  estate  must  be  by  deed  under  seal ; 
it  is  prudent  to  have  subscribing  witnesses.  This  deed  or 
conveyance  must  describe  accurately  the  premises  sold  or 
conveyed,  and  name  the  consideration  for  tlie  transfer. 

Deeds  generally  are  of  two  kinds.  Quitclaim  and  War- 
ranty ;  the  former  is  often  given  where  a  person  has  only 
a  partial  interest  in  an  estate  or  piece  of  property,  and  this 
deed  conveys  to  the  grantee  whatever  right,  title,  and  in- 
terest is  possessed  by  the  grantor.  A  deed  with  warranty 
covenants  with  the  buyer  that  the  seller  has  a  good  title 
to  the  property,  and  an  indis[)utable  right  to  sell,  convey, 
and  guarantee  peaceable  possession  of  the  same  to  the  buyer 
and  his  heirs  forever.  This  deed  must  be  properly  re- 
corded in  the  office  of  the  county  clerk,  or  whatever  officer 
attends  to  the  registry  of  such  instruments. 

Sales  of  personal  property  are  generally  by  oral  contract 


68  THE    STATE. 

only,  and  the  title  passes  from  the  seller  to  the  buyer  upon 
agreement  to  terms  of  sale,  and  if  the  property  is  left  in 
the  custody  of  tlie  seller,  it  is  at  the  risk  of  the  buyer. 
Yet  if  anything  remains  to  be  done  by  the  seller  to  com- 
plete the  transaction,  it  is  still  at  his  risk  for  loss  or  dam- 
age. The  delivery  is  an  act  in  which  both  parties  concur 
and  by  which  the  property  comes  into  the  actual  power  of 
the  buyer.  Untess  the  terms  of  sale  provide  for  future 
payment,  the  seller  may  retain  possession  until  the  price 
is  received. 

This  involves  the  right  of  stoppage  of  goods  while  yet 
on  the  way  from  the  seller  to  the  buyer,  if  not  wholly  paid 
for,  and  the  seller  learns  that  the  buyer  is  insolvent  before 
they  actuall}'  come  into  his  possession.  If  no  place  of 
delivery  of  goods  is  named,  it  is  generally  understood  that 
they  are  delivered  at  the  place  where  they  then  are.  If 
one  kind  of  goods  is  ordered  and  anotlier  is  sent,  they  are 
at  the  risk  of  the  seller,  and  the  party  ordering  is  not 
bound  unless  he  accepts  them. 

Most  of  the  states  have  enacted  a  law  designed  to  pre- 
vent fraudulent  sales,  whereby  a  creditor  of  the  seller 
might  be  defrauded.  This  law  provides  that  a  contract 
for  a  sale  shall  be  void  where  the  property  in  question  is 
fifty  dollars  or  more,  unless  a  memorandum  of  the  contract 
be  made  in  writing  and  signed  by  the  parties  to  it ;  or 
unless  the  buyer  receives  a  part  of  the  goods ;  or  unless 
he  pays  down  at  the  time  a  part  of  the  ptirchase  money. 

The  law  presumes  that  the  property  is  owned  by  the 
party  in  possession,  and  that  a  bona  fide  sale  involves  a 
transfer ;  this  presumption  may  be  overcome  by  sufficient 
evidence  that  the  statute  has  been  complied  with. 

In  connection  with  a  sale  of  personal  property,  a  war- 


BUSINESS  AFFAIRS.  69 

ranty  as  to  quality,  quantity,  and  condition,  is  sometimes 
made  in  writing.  But  where  no  express  warranty  is  given, 
one  is  implied.  It  is  implied  that  the  seller  has  a  good 
title  which  he  transfers  to  the  buyer :  if  it  is  an  article  of 
food,  that  it  is  sound  and  wholesome ;  if  it  is  something 
to  be  manufactured,  that  it  shall  be  of  good  quality ;  and 
if  it  be  an  article  of  common  purchase  by  the  buyer,  there 
is  a  warranty  implied  that  nothing  of  an  inferior  quality 
will  be  delivered. 

Receipts.  —  A  receipt  is  a  writing  given  in  acknowl- 
edgment of  the  delivery  of  mone}^  or  goods,  and  usually 
stating  for  what  purpose.  "A  receipt  in  full"  does  not 
debar  the  giver  of  it  sliowing  subsequently  that  it  was  not 
in  full,  and  collecting  the  balance. 

A  release  differs  from  a  receipt  in  that  it  is  in  the  nature 
of  a  contract,  and  must  be  for  a  consideration  which  should 
be  expressed  in  it.  Releases  of  claims  against  real  estate 
are  often  practically  in  the  nature  of  conveyances.  One 
partner  may  give  a  valid  release  of  a  debt  due  a  firm,  and 
where  there  are  several  executors  or  administrators,  a  re- 
lease of  a  claim  by  one  binds  all. 

Notes.  —  A  promissory  note  is  a  writing  signed  by  the 
maker,  by  which  he  agrees  to  pay  another  ]jerson,  called 
the  payee,  a  certain  sum  of  money.  The  words  "  for  value 
received  "  are  usually  inserted,  and  although  they  may  not 
be  necessary,  yet  in  all  cases  they  are  advisable.  In  most 
of  the  states  such  notes  are  negotiable. 

A  note  need  not  be  in  any  particular  form ;  if  it  states 
in  intelligible  language  the  promise  to  pay  a  certain  sum 
of  money  to  some  person,  or  to  bearer,  it  will  be  sufiicient. 

Notes  may  be  indorsed  in  blank  or  to  some  person.  The 
holder  of  a  note  that  has  been  dishonored  may  hold  all 


70  THE   STATE. 

the  parties  to  it  liable,  or  he  may  hold  some  and  not 
others ;  if  he  gives  notice  to  all  the  parties,  each  one  will 
be  bound.  If  the  residence  of  an  indorser  or  the  maker 
are  unknown,  diligent  inquiry  should  be  made,  and  notice 
sent  as  near  as  can  be  ascertained  to  his  last  known  or 
})robable  place  of  residence,  and  that  will  be  sufficient  to 
hold  either  party.  But  if  subsequently  his  real  place  of 
residence  or  business  become  known,  another  notice  must 
be  sent  there  in  order  to  hold  him. 

If  a  note  is  lost,  public  notice  of  the  fact  should  be 
given,  so  that  innocent  parties  may  not  negotiate  it,  and 
the  maker  should  also  be  informed  by  the  holder ;  but  if 
he  cannot  produce  it  at  maturity,  and  the  maker  refuses 
payment,  his  only  remedy  is  a  resort  to  a  court  of  equity. 

Interest.  —  This  is  money  paid  for  the  use  of  money,  or 
the  forbearance  to  collect  a  debt  when  due.  The  rates  of 
lawful  interest  in  the  several  states  vary  considerably. 
Six  per  centum  is  the  most  common  sum,  and  tiiat  is  also 
the  lawful  rate  for  the  nation.  The  highest  legal  rate 
known  in  any  state  is  twelve  per  centum.  In  some  states 
by  special  agreement  any  rate  is  lawful ;  while  in  others 
the  exaction  of  more  than  the  lawful  rate,  which  is  called 
usury,  may  be  visited  by  severe  penalties. 

Ag-eucy.  —  An  agent  is  a  person  authorized  to  act  for 
another,  called  his  principal,  in  dealings  with  third  parties : 
he  may  be  employed  to  perform  a  single  act,  in  which  case 
he  would  be  a  special  agent ;  but  when  he  is  employed  by 
his  principal  generally  in  the  conduct  of  his  business,  he 
becomes  a  general  agent.  The  authority  of  the  agent  to 
act  is  more  usually  implied  by  the  conduct  of  the  princi- 
pal than  expressed  by  an  instrument  in  writing ;  a  teller 
in  a  bank,  a  clerk  in  a  store,  a  superintendent  at  a  factory, 


BUSINESS   AFFAIRS.  /I 

and  others,  are  assumed  from  their  positions  to  act  with  the 
full  knowledge  and  consent  of  their  principals. 

Generally  a  principal  is  liable  for  all  the  acts  of  his 
agent  that  are  done  within  tlie  scope  of  that  agency,  but 
for  nothing  outside  or  beyond  that,  unless  he  may  here- 
after approve  and  adopt  such  acts.  It  is  the  dut}'  of  the 
agent  diligently  to  follow  his  instructions,  whatever  his 
own  judgment  may  be.  Honesty,  fidelity,  and  ordinary 
skill,  are  expected  of  him.  Where  he  has  no  instructions, 
he  uiiist  conform  to  the  usages  of  the  trade.  For  actions 
within  his  inc+:ructions  the  agent  is  not  liable  to  third 
parties,  but  his  principal  is  responsible.  The  pov/er  con- 
ferred upon  him  by  the  principal  must  be  used  for  his 
benefit  and  not  for  the  agent's. 

Insurance.  —  A  contract  by  which  one  party  under- 
takes to  indemnify  another  in  the  case  of  certain  losses  is 
called  insurance.  This  contract  is  usually  in  writing,  and 
is  called  a  policy.  The  principal  kinds  of  insurance  are 
fire,  life,  and  marine.  The  policy  should  specify  the  sub- 
ject of  insurance  and  the  dangers  against  which  it  is  issued ; 
all  the  conditions  must  be  named  in  it.  If  there  is  not 
perfect  accord  in  meaning  of  the  written  with  the  printed 
part,  the  written  will  be  held  to  express  the  intent  of  the 
parties. 

If  the  insured  makes  an  oral  agreement  with  the  com- 
pany issuing  his  policy  that  he  will  continue  it  from  year 
to  year,  it  is  valid,  but  the  premium  could  not  be  increased 
without  notice.  A  policy  is  binding  upon  the  insurer  as 
soon  as  the  verbal  agreement  is  made  and  premium  re- 
ceived, even  if  the  policy  has  not  been  issued,  and  the 
subject  of  it  has  been  lost  in  the  interval.  The  insured 
must  own,  or  have  an  interest  in  the  property  insnred,  but 


72  THE   STATE. 

one  who  has  no  specific  interest  in  it  cannot  insure  it,  even 
though  he  may  have  a  ckiim  against  the  owner  in  respect 
to  it.  But  mortgagees  have  an  insurable  interest  in  prop- 
erty upon  which  tliey  have  advanced  money. 

The  business  of  insurance  is  generally  conducted  by  cor- 
porations specially  chartered  for  this  purpose  under  the 
laws  of  the  several  states ;  agents  for  foreign  companies 
may  also  take  risks  under  such  safeguards  as  the  laws  of 
the  state  deem  sufficient  to  protect  the  rights  of  its  citi- 
zens. The  applicant  for  insurance  is  to  act  in  good  faith 
with  the  insurer,  to  make  no  false  representations,  and  to 
conceal  no  fact  that  may  be  material  to  its  subject.  Either 
an  untrue  statement,  or  the  hiding  of  essential  facts,  will 
vitiate  tlie  policy.  The  conditions  of  a  policy  must  be 
observed  ;  if  it  is  stipulated  that  no  intoxicating  liquors, 
for  example,  should  be  kept  on  the  premises,  the  violation 
of  this  condition  might  impair  the  right  of  the  insured  to 
recover  in  case  of  loss.  A  policy  generally  requires  the 
insured  to  give  notice  of  loss  to  the  insurer  at  once,  and 
to  furnish  evidence  of  the  same,  if  required,  within  a  rea- 
sonable time. 

Marine  insurance  covers  losses  of  vessels  with  their  car- 
goes, whether  by  fire,  shipwreck,  or  a  public  enemy.  The 
insured  undertakes  and  warrants  that  his  vessel  is  sea- 
worthy and  well  equipped  with  all  necessary  materials  and 
the  requisite  crew,  and  that  he  is  to  engage  in  no  illegal 
ti'affic.  Marine  insurance  companies  will  generally  issue 
blank  policies  to  merchants,  which  will  cover  all  property 
they  may  be  advised  of  being  shipped  by  the  insured  from 
time  to  time.  As  goods  are  shipped,  the  company  is  ad- 
vised, and  a  memorandum  of  the  same  added  to  the  policy, 
which  completes  the  contract.      The  blank  policy  is  the 


IJUSIXESR    AFFAIRS.  73 

same  as  the  usual  one,  except  in  leaving  blank  the  name 
of  the  vessel,  tlie  ports  to  and  from  which  she  sails,  and 
the  premium. 

The  purpose  of  life  insurance  is  to  provide  a  fund  to  be 
paid  at  the  death  of  the  insured  to  his  family  or  legal  rep- 
resentatives. The  most  usual  form  of  a  policy  is  for  the 
term  of  the  natural  life  of  the  insured,  but  it  may  be  for  a 
single  year  or  for  a  term  of  years.  One  may  assign  a 
policy  upon  his  own  life,  and  it  will  be  perfectly  good  in 
the  hands  of  the  assignee,  even  though  he  could  not  of 
liimself  have  procured  a  policy  upon  the  person's  life, 
through  lack  of  an  insurable  interest.  A  policy  obtained 
upon  the  life  of  another,  in  which  the  insurer  has  no  pecu- 
niary interest,  is  void.  A  creditor  has  an  insurable  interest 
in  the  life  of  a  debtor,  and  the  wife  in  her  husband's  life. 

To  the  validity  of  a  policy  upon  a  life,  it  is  essential 
that  the  insured  shall  have  made  no  false  representations, 
and  concealed  nothing  in  regard  to  bodily  health,  personal 
habits,  or  past  history.  Usually  life  policies  contain  some 
restrictions  upon  travel  in  general,  or  at  certain  seasons, 
and  also  in  regard  to  change  of  latitude  of  residence.  As 
fraud  vitiates  all  contracts,  so  especially  is  this  the  case  in 
all  kinds  of  insurance.  Good  faith  and  upright  dealing 
are  indispensable. 

Railroads.  —  As  railroads  have  been  adjudged  to  be 
common  carriers,  they  enjoy  all  tlieir  privileges,  and  are 
subject  to  their  duties.  A  carrier  must  exercise  due  care 
and  ordinary  diligence  in  the  transportation  of  persons  and 
property,  and  he  is  responsible  for  loss  incurred  by  his 
neglect  or  failure  to  use  them.  He  is  held  to  the  same 
degree  of  faithfulness  that  a  careful  man  would  naturally 
have  in  the  transaction  of  his  own  business,  and  in  the 


74  THE    STATE. 

case  of  injury  or  loss  he  will  have  to  rebut  the  presump- 
tion that  he  is  responsible.  He  must  receive  all  goods  and 
passengers  offered,  and  carry  them  to  their  destination  as 
soon  as  practicable.  He  cannot  discriminate  among  per- 
sons, taking  some  and  I'efusing  others,  nor  between  ship- 
pers, or  among  goods,  except  that  he  may  decline  such  as 
are  dangerous  and  are  offered  at  an  unseasonable  time. 
And  he  is  responsible  for  the  delivery  of  goods  in  good 
order  at  their  destination  in  due  time,  unless  prevented 
"by  the  act  of  God  or  of  the  public  enemy." 

It  is  one  of  the  risks  that  the  carrier  assumes,  that  all 
his  servants  will  be  faitliful  and  honest,  and  he  cannot 
escape  responsibility  through  or  for  their  dereliction ;  ii 
they  are  dishonest,  he  must  make  good  losses  incurred  in 
that  way  ;  if  they  are  neglectful,  he  may  suffer  in  damages  ; 
and  if  they  "strike,'"  it  is  no  excuse  for  the  non-fulfilment 
of  his  contracts,  and  his  general  obligations  as  a  common 
carrier.  All  these  things  he  ]nust  consider  when  he  as- 
sumes the  duties  of  a  carrier.  Also,  if  he  contracts  to 
deliver  goods  at  a  certain  place  on  or  before  a  day  named, 
an  unavoidable  accident  will  not  relieve  him  of  responsi- 
bility. It  is  generally  held  that  a  railroad  in  selling  a 
ticket  to  a  passenger,  contracts  with  him,  and  warrants 
that  the  road  is  in  good  travelling  order ;  that  all  its  vehi- 
cles and  locomotives  are  safe  and  well  equipped ;  and  all 
its  servants  diligent,  faithful,  and  competent.  If  there  is 
any  failure  in  these  respects,  tlie  road  will  be  responsible 
for  loss  or  injury  to  persons  or  property. 

All  express  companies,  transportation  companies,  bag- 
gage expressmen,  and  forwarders  generally,  come  under 
the  rules  applicable  to  railroads  and  common  carriers  gen- 
erally.    So,  too,  telegraph  comj)anies  in  many  respects  are 


BI^SINESS    AFFAIRS.  75 

held  to  the  laws  governing  the  relations  of  common  car- 
riers to  the  public;  they  must  exercise  ordinary  care  and 
diligence,  and  are  answerable  for  neglect  or  omission  of 
duty  on  the  part  of  their  agents.  They  are  also  under  the 
additional  obligation  of  secrecy;  the  contents  of  a  message 
must  not  be  divulged  to  any  but  its  rightful  owner.  The 
violation  of  this  rule  has  been  held  to  be  a  misdemeanor 
})unishable  by  fine  and  imprisonment. 

It  is  an  essential  of  a  telegraphic  message,  that  the  identi- 
cal words  of  the  sender  shall  be  handed  promptly  to  the 
receiver ;  a  company  is  generally  liable  for  any  loss  or 
damage  accruing  tln-ough  the  mistake  or  neglect  of  its 
agents. 

Canals.  —  A  canal  is  an  artificial  waterway  specially 
constructed  for  the  passage  of  vessels.  Since  the  intro- 
duction of  steam  and  its  application  as  a  motive  power 
for  land  carriage,  the  use  and  construction  of  canals  have 
diminished.  Before  that  time,  and  for  some  years  later, 
tliey  were  used  for  transportation  of  both  freight  and  pas- 
sengers, but  now  they  are  used  for  freight  only ;  they 
generally  carry  such  freight  as  either  there  is  but  little 
haste  in  the  delivery  of,  or  such  as  is  of  so  bulky  a  nature  as 
to  add  too  greatly  to  its  cost  of  transportation  by  railroad. 
The  state  of  New  York  has  always  fostered  her  canals, 
and  to  them  she  owes  much  of  her  commercial  greatness 
and  prosperity.  Recently,  by  a  i)opular  vote  in  that  state, 
all  tolls  upon  the  canals  were  abolished,  and  the  cost  of 
their  maintenance  became  a  public  charge. 


CIVIL    POLITY. 


oJ»io 


Derive  the  definition  of  Civil  Polity  by  first  defining  a 
Civil  State. 

1.  Civil  State.  —  A  civil  state  is  a  community  of 
persons  living  within  well-defined  limits  of  territory,  and 
acting  together  under  a  permanent  organization  controlled 
by  self-imposed  rules  for  the  accomplishment  of  some 
common  end. 

2.  Civil  Government.  —  A  gover7iing  power  is  that 
which  has  authority  to  make  rules  of  human  conduct  and  to 
apply  them  in  directing  and  controlling  it.  Governing  con- 
sists in  making  and  applying  the  rules.  Govertiment,  then, 
must  be  the  rules  thus  made,  and  their  application.  And 
Civil  Government  is  the  rules  made  for  controllinsr  civil 
conduct,  and  their  application  to  the  citizens  of  a  state. 

3.  Principles  of  Civil  Government.  —  A  right  is  a 
permission  to  be,  to  do,  or  to  possess  something.  Such 
a  permission  granted  to  man  by  the  Creator  becomes  a 
natural  right.  If  the  permission  be  granted  by  one  man 
to  another,  it  becomes  an  acquired  right.  The  objects  of 
natural  rights  are  life,  liberty,  reputation,  property,  truth, 
etc.  The  end  to  be  secured  by  the  possession  of  the 
objects  of  natural  rights  is  our  well-being.  Man  acting 
alone  is  unable  to  secure  for  himself  the  objects  of  his 
rights.     He  needs  protection. 


78  CIVIL   I'OLITY. 

Man  living  alone,  would  not  be  furnished  with  the  right 
occasions  for  his  proper  development.  He  needs  the  right 
occasions  and  means  of  development.  The  existence  of 
civil  society  is  necessary  for  the  right  development  of  the 
social  faculties  and  capacities  of  man,  and  it  may  be  shown 
that  civil  government  is  necessary  for  the  existence  of  civil 
society. 

In  the  existence  of  natural  rights  and  in  the  need  of  the 
means  of  protection  and  development  are  found  the  prin- 
ciples upon  which  civil  government  is  founded. 

4.  Foriiis  of  Civil  Government.  —  That  department 
of  the  governing  power  which  enacts  the  laws  is  called 
the  Legislature. 

The  department  that  interprets  the  laws  made  is  called 
the  Judiciary. 

The  department  that  executes  the  laws  is  the  Executive. 

If  the  legislative,  judicial,  and  executive  powers  are  all 
exercised  by  one  person,  a  form  of  government  will  exist 
called  a  Monarchy^  or  Autocrac3^ 

If  they  are  exercised  b}^  a  few  chosen  persons,  the  gov- 
ernment will  be  an  Aristocracy. 

If  they  are  exercised  by  the  people  themselves,  it  will 
be  called  a  Democracy. 

The  principles  of  civil  government  have  been  illustrated, 
and  the  forms  of  civil  government  stated,  and  we  are 
now  ready  to  make  an  intelligent  definition  of  Civil 
Polity. 

Civil  Polit}'  is  a  knowledge  of  the  principles  and  forms 
of  civil  government. 

Ends  to  be  Secured.  —  A  government  has  accomplished 
the  ends  for  which  it  was  established,  if  it  protects  the 
citizens  in  the  enjoyment  of  the  objects  of  their  natural 


CIVIL    POLITY.  79 

rights  and  funiislies  them  the  free  opportunity  of  develop- 
ing themselves  and  their  resources. 

That  form  of  government  will  be  the  best,  which  is  best 
adapted  to  accomplish  these  two  ends. 

Government  of  the  United  States. 

As  the  different  functions  of  the  government  of  the 
United  States  are  exercised  theoretically  by  the  people, 
the  form  is  that  of  a  Democracy.  As  practically  the 
functions  are  performed  by  representatives  chosen  by  the 
people,  the  form  is  that  of  a  Representative  Democracy. 
As  the  representatives  are  limited  in  their  action  by  a 
constitution,  the  government  of  the  United  States  is  a 
Constitutional  Representative  Democracy. 

A  study  of  the  principles  of  our  government  and  of  its 
forms  may  be  carried  on  together.  A  knowledge  of  one 
will  throw  light  upon  the  other. 


80  DIVISION   OF   P0^\^2RS. 


*  CHAPTER   I. 

DIVISION   OF  POWERS. 

The  student  may  have  learned,  in  the  study  of  the  state 
governments,  that  the  powers  of  a  government  are  neces- 
sarily divided  into  three  groups,  or  departments.  The 
duties  to  be  performed  in  each  department  differ  from 
those  in  the  others.  Experience,  in  governments  that  ap- 
proach a  representative  character,  has  shown  that  the  three 
departments  must  be  kept  distinct.  Even  in  countries 
ruled  by  absolute  monarchs,  there  must  be  some  delega- 
tion of  powers  and  authority  to  inferior  officers,  and  in 
such  delegation  there  is  a  division  of  powers  approaching 
that  named  above.  To  one  set  of  officers  is  delegated 
foreign  affairs ;  to  another  set  is  delegated  affairs  of 
finance ;  to  another,  matters  of  war ;  to  another,  judicial 
duties  ;  and  so  of  other  matters.  In  limited  monarchies, 
a  legislative  branch  is  established,  by  the  action  of  which 
the  ruler  receives  the  advice  of  a  class  of  his  subjects  in 
the  enactment  of  laws,  and  the  judicial  branch  relieves 
him  of  the  burden  of  deciding  law-suits  of  small  moment. 
At  the  same  time,  the  ruler  reserves  to  himself  the  rever- 
sal of  the  action  of  all  his  subjects,  whether  of  legislation 
or  of  judgment.  The  nearer  a  government  aj)proach  the 
democratic  form  and  character,  the  clearer  is  the  line 
drawn  between  the  three  departments.  The  distinction  is 
more  marked  in  the  United  States  than  in  any  other 
government.     Here,  the  administration  of  the  government 


DIVISION    OF   rOWEKS.  81 

is  divided  into  the  Legislative,  Executive,  and  Judicial 
Departments.  Each  department  has  a  different  set  of 
officers,  and  in  But  few  instances  do  the  duties  or  respon- 
sibilities of  any  set  of  officers  include  the  duties  or 
responsibilities  of  any  other  set.  The  President  and 
Vice-President  each  have  duties  connected  with  legisla- 
tion. The  House  of  Representatives,  in  cases  of  impeach- 
ment, has  duties  in  the  prosecution  of  offenders ;  and  the 
Senate,  in  the  same  cases,  exercises  judicial  functions. 
The  details  of  these  matters  will  be  treated  more  fully 
hereafter. 

The  Leg-islative  Department.  —  This  is  the  depart- 
ment that  makes  the  laws.  The  word  "'  legislative  "  means 
" laAV-bringing,"  or  "law-bearing."'  The  idea  is  that,  as 
this  department  represents  the  people  more  completely 
than  either  of  the  other  departments,  and  as  the  people 
are  the  source  of  all  authority,  —  the  will  of  the  people 
being  law  in  a  republic,  as  the  will  of  the  emperor  is  law 
in  the  empire,  —  the  enactment  of  laws  is  simply  the  for- 
mal act  of  expressing  the  will  of  the  people,  the  putting  of 
that  will  into  words.  In  this  sense,  the  legislature,  or 
Congress,  brings  the  law  from  the  people  and  puts  it  into 
the  form  of  statutes.  "  Law  "  and  "  statute  "  are  but 
other  names  for  those  rules  and  regulations  necessary  for 
holding  the  people  together  in  society  and  government, 
and  for  securing  to  them  their  rights.  In  a  more  general 
sense,  the  legislative  department  determines  what  rules 
are  best  for  the  people,  what  regulations  are  wisest,  and 
how  and  by  Avhat  officers  these  rules  and  regulations  shall 
be  enforced.  The  constitution  provides  the  officers  by 
whom  the  general  affairs  of  the  nation  shall  be  adminis- 
tered, but  it  has  wisely  left  to  Congress  the  duty  of  pro- 


82  DIVISION   OF   POWERS. 

vidiiig  such  officers  as  are  needed  in  the  smaller  concerns 
of  government.  In  addition  to  the  duty  to  make  the  laws, 
the  Congress  of  the  nation  has  been  given  authority  to 
keep  watch  over  all  the  officers  of  the  government,  of 
whatever  dej^artment,  and  it  may  remove  any  of  them 
from  office  for  official  misconduct.  In  the  states,  this 
department  appears  to  be  the  most  important  one,  but  it 
is  not  so  in  the  national  government. 

The  Executive  Department.  —  This  de})artment  ad- 
ministers the  general  laws  made  by  Congress.  It  also 
may  enfoi'ce  laws  if  necessary  by  the  use  of  the  army  and 
navy.  This  is  a  more  important  department  of  the  gov- 
ernment than  it  is  in  a  state.  In  most  of  the  states,  each 
officer  of  the  executive  department  is  separately  elected 
by  the  people,  his  duties  are  separately  defined  by  statute, 
he  acts  upon  his  own  responsibilit}',  and  is  responsible  to 
no  one  but  the  laws  and  the  people.  In  the  general  gov- 
ernment, the  whole  executive  department  acts  together 
under  one  officer  who  appoints,  directs,  controls,  or  dis- 
misses each  of  them  and  all  of  them  in  the  general  work 
of  their  offices.  All  act  under  one  plan.  The  President 
appoints,  directly  or  indirectly,  all  the  officers  of  this 
department,  even  to  the  lowest,  and  all  are  responsible 
to  him  for  their  actions.  As  the  interests  of  the  nation 
are  greater  than  those  of  a  state,  the  laws  of  the  nation 
'require  greater  elasticity  than  do  those  of  a  state,  and  the 
President  and  his  officers  have  more  discretion  allowed  to 
them  than  is  allowed  to  such  an  officer  in  a  state. 

The  Judicial  Department.  —  This  department  of  tlie 
government  interprets  the  laws  and  the  constitution,  and 
even  decides  upon  the  constitutionality  of  laws,  and  the 
legality  of  the  action  of  other  officers,  and  applies  the  law 


DIVISION    OF    POWERS.  83 

to  individual  actions.  As  different  persons  disagree  as  to 
the  meaning  of  the  words  of  the  constitution,  of  the  laws, 
and  of  contracts,  and  as  these  disagreements  lead  to 
trouble  unless  some  one  has  the  right  to  settle  them,  to 
this  department  is  given  the  authority  to  settle  all  such 
disagreements.  The  decision  of  the  courts  is  as  much  the 
law  as  an  act  of  Congress  can  be,  and  must  be  obeyed  as 
such. 


84 


THE   LEGISLATINE   DEPARTMENT. 


CHAPTER   II. 

THE  LEGISLATIVE   DEPARTMENT. 

The  powers  and  duties  of  this  department  of  the  govern- 
ment have  been  generally  stated  in  the  preceding  chapter. 
It  remains  for  us  now  to  consider  its  organization,  the 
methods  by  which  it  exerts  its  power,  the  authority 
given  to  it,  and  the  limitations  placed  upon  that  authority, 
by  the  constitution.  The  name  given  to  this  department 
is  the  Congress. 


DiAGHAM    OF    THE   LEGISLATIVE    DEPARTMENT. 


Leg-islative 
Department. 


President,  pro  tempore. 

Secretaries. 

Sergeant-at-arms  and  other  officers. 

Committees. 
'  Speaker. 

Clerks. 

Sergeant-at-arms  and  other  officers. 

Committees. 
The  President. 
The  Vice-President. 


r  The  Senate. 


The  House  OF 
Represen-  ■{ 

TATIVES 


As  will  be  seen  l)y  the  above  diagram,  the  legislative 
branch  of  the  government  is  composed  of  four  parts,  each 
of  which  has  some  duty  in  the  enactment  of  laws. 

1.  The  Senate. 

2.  The  House  of  Representatives. 

3.  The  President. 

4.  The  Vice-President. 


THE   LEGISLATIVE   DErAUTMENT.  85 

Members.  —  The  Senate  is  composed  of  two  members 
from  each  state.  They  are  elected  by  the  legislature  to 
serve  for  a  term  of  six  years.  They  are  so  classified  that 
the  term  of  one-third  of  the  members  expires  every  two 
years.  This  secures  a  membership  of  two-thirds  of  the 
body  who  have  served  two  years  or  more,  and  who  are 
thus  familiar  with  the  methods  of  legislation.  The  House 
of  Representatives  is  composed  of  members  from  the  sev- 
eral states,  elected  by  the  people,  in  districts,  one  from  each 
district,  and  each  district  containing  about  the  same  num- 
ber of  people.    The  members  of  the  House  serve  two  years. 

Qualifications  of  3Ieinbers.  —  To  be  a  member  of  the 
Senate,  a  person  must  be  thiity  years  of  age,  have  been  a 
citizen  of  the  United  States  nine  years,  and  be  an  inhab- 
itant of  the  state  for  which  he  shall  be  chosen.  A  member 
of  the  House  of  Representatives  must  be  twenty-five  3'ears 
old,  have  been  a  citizen  of  the  United  States  seven  years, 
and  be  an  inhabitant  of  the  state  in  which  he  shall  be 
chosen. 

No  person  can  be  a  member  of  either  house  of  Congress 
while  holding  any  other  office  under  the  United  States. 
No  person  can  be  a  member  of  either  house  of  Congress, 
who  had  previously  held  any  office  under  the  United 
States,  or  had  held  any  general  state  office,  and,  as  such 
oflficer,  had  taken  an  oath  to  support  the  constitution  of 
the  United  States,  and  had  there-after  engaged  in  insur- 
rection or  rebellion  against  the  United  States,  or  had  given 
aid  or  comfort  to  the  ejiemies  of  the  United  States.  This 
disabilit}"  may  be  removed  by  a  vote  of  two-thirds  of  both 
houses  of  Congress. 

How  Elected.  —  The  Senate.  The  state  legislature, 
at  its  last  session  before  the  expiration  of  the  term  of  any 


86  THE   LEGISLATIVE   DEPARTMENT. 

senator,  elects  his  successor.  Upon  the  second  Tuesday 
after  the  organization  of  the  legishxture,  each  house  sep- 
arately votes  for  a  senator.  If  a  majority  of  each  house 
is  cast  for  the  same  person,  he  is  declared  duly  elected. 
If  no  person  is  so  elected  upon  the  first  vote,  the  two 
houses  must  meet  together  every  day  there-after  and  take 
one  vote  for  senator :  at  such  meeting  the  members  of 
the  two  houses  constitute  one  body,  and  a  majority  of  the 
members  of  that  body  is  necessary  to  elect. 

The  House.  After  each  census,  a  number  is  fixed 
upon,  by  Congress,  for  the  membership  of  the  House. 
The  whole  number  of  people,  as  shown  by  the  census, 
divided  by  that  fixed  number,  will  give  the  number  of 
people  required  for  one  member.  Each  state  is  then 
assigned  its  number  of  members  of  the  House,  as  shown 
by  that  division.  In  ascertaining  the  number  of  people, 
for  this  purpose,  Indians  not  taxed  are  not  counted,  nor 
are  the  people  living  in  the  territories  or  in  the  District  of 
Columbia,  as  they  are  not  represented  in  Congress.  After 
the  number  of  members  of  the  House  is  assigned  to  the 
states,  the  legislature  of  each  state  divides  the  state  into 
as  many  districts  as  the  number  of  members  to  which  it 
is  entitled.  These  districts  must  contain  the  same  number 
of  people,  as  nearly  as  possible.  In  each  even-numbered 
year  (1886,  1888,  1890,  etc.)  the  members  are  elected  by 
the  people  at  the  general  election  for  state  officers. 

Privileges  of  Members.  —  Members  of  each  house  of 
Congress  cannot  be  arrested  while  in  attendance  upon  the' 
sessions  of  their  houses,  nor  while  going  to  or  returning 
from  such  sessions,  for  any  offense  except  for  treason, 
other  felony,  or  for  a  breach  of  the  peace.  No  member 
can  be  made  liable,  in  any  civil  action,  or  in  any  criminal 


THE    LEGISLATIVE    DEPARTMENT.  87 

proceeding,  for  anj'tliing  that  lie  may  say  in  Congress. 
These  provisions  prevent  any  interference  Avitb.  a  member 
of  Congress  in  the  discharge  of  his  duty,  enabling  him  to 
do  liis  dut}'  without  fear.  If  a  member  could  be  arrested, 
while  on  duty,  for  a  small  and  unimportant  matter,  the 
public  might  be  deprived  of  his  services,  and  often  mem- 
bers who  were  obnoxious  to  any  one  might  be  so  arrested 
upon  false  charges  in  order  to  prevent  the  exercise  of  their 
duty.  Treason,  other  felony,  and  a  breach  of  the  peace 
are  considered  so  serious  that  not  even  members  of  Con- 
gress are  exempt  from  their  penalties.  If  a  member  of 
Congress  could  be  sued,  in  slander  or  libel,  for  words  used 
by  him  in  debate  in  Congress,  or  in  the  proper  discharge 
of  his  duty,  lie  might  thereby  be  restrained  from  such 
fearlessness  and  independence  as  he  ought  to  possess.  It 
is  better  that  he  should  be  allowed  to  state  what  is  not 
true,  sometimes,  than  that  he  should  ever  be  punished  in 
any  way  for  speaking  the  truth. 

Sessions.  —  The  regular  annual  session  of  Congress 
begins  on  the  first  Monday  of  December.  This  is  the 
time  fixed  by  the  constitution,  but  Congress  lias  the 
power  to  change  the  time,  at  its  pleasure.  The  President 
is  authorized  to  call  special  sessions  of  Congress,  or  of 
either  house,  whenever,  in  his  judgment,  the  public  in- 
terests demand  it.  The  first  regular  session  of  each  Con- 
gress continues  so  long  as  its  members  desire  to  remain  in 
session  —  usually  it  adjourns  in  June  or  July.  The  sec- 
ond session  closes,  by  constitutional  limitation,  March  4, 
at  noon.  Members  hold  ofifice  from  March  4,  to  March  4, 
at  noon,  two  years. 

Organization.  — ■  At  the  time  fixed  for  the  opening  of 
the  first  session  of  a  Congress,  the  Vice-President  calls  the 


88  THE   LEGISLATIVE   DEPARTMENT. 

members  of  the  Senate  to  attention,  and  the  Senate  then 
elects  its  secretaries,  sergeant-at-arms,  door-keepers,  and 
such  other  subordinate  officers  as  it  needs.  If  there  is  no 
Vice-President,  the  Senate  elects  a  President,  pro  tempore^ 
from  its  own  members.  Usually  a  caucus  of  the  political 
party  having  a  majority  of  the  members  is  held,  at  which 
members  are  assigned  to  committees.  This  assignment  is 
adopted  by  the  Senate,  and  tlie  organization  is  complete. 
The  membership  of  the  committees  is  usually  made  up  of 
a  fair  proportion  of  the  two  parties  represented  in  the 
Senate.  In  the  House,  the  clerk  of  the  last  House  calls 
the  members  to  attention.  Thereupon,  the  speaker,  clerks, 
sergeant-at-arms,  door-keepers,  and  other  inferior  officers 
are  elected.  The  speaker  always  makes  the  assignment 
of  the  members  to  the  committees.  The  committees  are 
arranged,  as  they  are  in  the  Senate,  a  majority  of  the 
members  being  of  the  party  that  has  a  majority  of  the 
membership  of  the  House. 

Quorum.  — A  majority  of  the  members  elected  to  each 
house  forms  a  quorum  ;  that  is,  no  business  can  be  done 
by  either  house  unless  a  majority  of  its  members  are 
present.  In  the  absence  of  a  quorum,  the  members 
present  may  compel  the  attendance  of  absent  members, 
and  may  adjourn  from  day  to  day. 

Duties  of  Officers.  —  The  Vice-President  and  speaker 
are  the  presiding  othcers  of  their  respective  houses.  Each 
sits  at  a  desk  in  front  of  the  members,  and  facing  them. 
He  is  addressed  by  tJie  members  as  they  rise  to  speak,  and 
no  member  can  proceed  until  he  has  been  recognized  by 
the  })residing  officer.  In  case  two  members  rise  and  ad- 
dress him  at  about  the  same  instant,  he  decides  which  one 
is  entitled  to  proceed.     He  also  prevents  disorder  or  con- 


THE   LEGISLATIVE   DEPARTMENT.  89 

fusion  in  his  house,  keeps  the  members  to  the  business 
before  them,  directs  the  subordinate  officers  in  the  dis- 
charge of  their  duties,  appoints  all  committees  whose 
manner  of  appointment  is  not  otherwise  provided  for,  and 
signs  all  bills  that  pass  his  house.  In  his  temporary  ab- 
sence, each  house  has  the  right  to  elect  a  member  to  serve 
during  such  absence.  Each  house  elects,  also,  an  officer, 
whose  duty  it  is  to  record  all  the  proceedings  of  that 
house,  and  to  keep  the  papers  and  other  documents  be- 
longing to  it,  and  these  officers  have  such  assistants  as 
are  needed.  In  the  Senate,  this  officer  is  called  a  secre- 
tary, and,  in  the  House,  he  is  called  a  clerk.  Each  house, 
also,  has  a  sergeant-at-arms,  who  acts  under  the  direction 
of  the  presiding  officer  in  the  preservation  of  order,  not 
only  among  the  members,  but  also  among  visitors.  A 
door-keeper  has  charge  of  each  door  leading  into  the 
house,  in  order  that  only  those  who  have  a  right  may 
enter.  Janitors  attend  to  the  rooms  to  keep  them  in  order, 
and  pages,  usually  boys,  act  as  messengers  for  the  mem- 
bers and  officers  during  the  sessions.  There  are,  also, 
official  reporters  of  each  house,  who  take  down,  in  short- 
hand, the  remarks  of  the  speaker,  and  of  other  members. 
These  reports  are  printed,  in  full  in  the  official  paper, 
called  the  Congressional  Record. 

Rights  of  Each  House.  —  Each  house  determines  the 
election  and  qualification  of  its  own  members.  All  con- 
tests between  persons  claiming  to  have  been  elected  to 
Congress  are  decided  by  the  house  to  which  they  claim 
election.  If  any  question  arises  concerning  the  qualifica- 
tion of  a  member  of  a  house,  it  is  decided  by  the  house  of 
which  he  is  a  member,  or  to  which  he  claims  to  have  been 
elected.     Each  house,  also,  may  punish  any  member  for 


90  THE   LEGISLATIVE   DEPARTMENT. 

disorderly  conduct,  and  it  may  expel  a  member,  by  a  two- 
thirds  vote  of  its  members.  It  is  not  restricted  to  any 
cause  for  expulsion.  It  may,  therefore,  expel  for  any 
cause  that  would  render  the  member  an  illegal,  undesirable, 
or  unworthy  member. 

Journal.  —  Each  house  keeps  a  record,  b}^  its  secretary 
or  clerk,  of  its  proceedings,  and  the  same  is  published 
daily  in  the  Congressional  Record.  The  Senate  has  a  secret, 
or  executive,  session,  in  which  it  acts  upon  treaties,  nomi- 
nation of  officers,  and  such  other  business  as  it  desires  to 
do  in  secret.  The  journal  of  these  secret  sessions  is  not 
published.  The  House  is  authorized  by  the  constitution 
to  hold  secret  sessions,  but  it  does  not  do  so. 


THE   LEGISLATIVE   DEPARTMENT.  91 


CHAPTER   III. 

THE  LEG  I  SLA  TI VE  DEPA  R  TMENT.  —  Continued. 

How  Members  Vote.  —  Upon  ordinary  occasions,  the 
members  ma}-  vote  b}'  word  of  mouth,  by  show  of  hands, 
or  by  rising,  or  by  passing  between  tellers  and  being- 
counted.  Whenever  one-fifth  of  those  present  demand  a 
vote  by  "yeas  and  nays,"  the  name  of  each  member 
is  called,  and  he  votes  "yea"  or  "nay,"  and  the  vote  is 
recorded.  By  the  other  methods  of  voting,  no  record  is 
kept  showing  how  any  member  voted. 

Kules. — We  have  seen  that  each  house  has  authority 
to  make  rules.  These  rules  direct  the  whole  business  of 
legislation.  Thev  state  how  the  members  shall  conduct 
themselves,  when  bills  and  resolutions  may  be  presented, 
what  course  they  shall  take  in  order  to  come  to  a  vote,  in 
what  order  of  precedence  motions  shall  be  voted  upon,  as 
well  as  all  the  details  of  method  and  form  in  making  laws. 
These  rules  are  usually  adopted  at  the  beginning  of  each 
Congress,  and  may  be  changed  at  the  pleasure  of  the 
house.  The  two  houses,  also,  have  rules  concerning  their 
relations  to  each  other,  and  their  joint  action  in  the 
passage  of  bills. 

Committees. —  These  are  appliances  for  assisting  in  the 
work  of  legislation.  They  are  provided  for  in  the  rules  of 
each  house.  The  committees  are  named  from  the  subject 
of  legislation,  over  which  they  have  jurisdiction.  The 
most   important    committees    are    those    called    Foreign 


1*2  THE   LEGISLATIVE    DEPART.MENT. 

Affairs,  Finance,  Appropriations,  Judiciary,  Commerce, 
Manufactures,  Agriculture,  Indian  Affairs,  Military  Af- 
fairs, Naval  Affairs,  Public  Lands,  Pensions,  and  Claims. 
Each  house  also  has  a  committee  specially  authorized  to 
examine  and  report  upon  the  expenditures  of  the  money 
appropriated  to  each  executive  department  of  the  govern- 
ment. Very  few  of  the  committees  can  take  jurisdiction 
of  a  bill,  of  a  paper,  or  of  any  subject,  until  it  has  been 
referred  to  it  by  its  house. 

Bills.  —  A  bill  is  the  name  given  to  the  draft  of  a  law 
when  it  is  introduced,  and  in  its  passage  through  the 
machinery  of  legislation :  after  it  has  been  signed  by  the 
President,  it  is  a  law,  or  statute.  Each  house  may  origi- 
nate bills  upon  any  subject  except  one.  The  constitution 
provides  that  "bills  for  raising  revenue  shall  originate  in 
the  House  of  Representatives,"  and  that  the  Senate  may 
propose  amendments.  The  language  of  the  constitution 
would  restrict  this  exception  to  bills  that  propose  to  raise 
money  for  the  support  of  the  government ;  but  the  uniform 
and  almost  unquestioned  practice  has  been  to  apply  the  pro- 
hibition to  bills  appropriating  money  as  well.  The  term 
is  practically  applied  to  all  bills  for  raising  or  disbursing 
the  public  mone3\  The  House  of  Representatives  is  larger 
than  the  Senate,  its  members  are  elected  directly  by  the 
people,  and  the  method  of  their  election  renders  them 
more  directly  representative  of  the  people  —  of  the  popu- 
lar will.  The  framers  of  the  constitution  followed  the 
example  of  England,  in  wliicli  the  House  of  Commons,  the 
immediate  representatives  of  the  people,  hold  the  purse- 
strings. 

Methods  of  Legislation.  —  These  methods  do  not  differ 
much  from  those  employed  by  state  legislatures.     Wlien 


THE   LEGISLATIVE   DEPAllTMENT.  93 

a  bill  is  introduced,  it  is  read  by  the  clerk,  either  in  full  or 
by  its  title,  as  may  be  ordered  by  the  house.  If  no  one 
objects,  it  is  ordered  to  be  read  a  second  time  upon  a  sub- 
sequent day.  If  any  one  does  object,  a  vote  is  taken  on 
the  motion  to  read  it  a  second  time.  If  the  motion  is  lost, 
tlie  bill  is  rejected ;  if  the  motion  carries,  the  bill  goes  on 
file  to  be  read  again.  It  is  seldom  that  any  one  does 
object  to  a  second  reading  of  a  bill. 

Upon  a  .«;eooiitl  reading-,  the  bill  may  be  rejected,  or 
may  be  ordered  printed  and  referred  to  its  appropriate 
committee.  After  the  bill  is  printed,  a  copy  is  delivered 
to  each  member  of  the  house,  and  the  committee  to  which 
it  has  been  refen-ed  takes  it  under  consideration.  If  the 
committee  approves  the  bill  as  it  reads,  its  chairman  re- 
l^orts  it  back  to  the  house,  with  the  recommendation  of 
the  committee  that  it  pass.  If  the  committee  approves 
the  substance  of  the  bill  but  does  not  approve  its  form,  a 
member  changes  the  bill  to  a  form  that  will  suit  the  views 
of  the  connnittee,  and  the  chairman  of  the  ccnnmittee  re- 
ports it  favorably  to  the  house. 

If  the  committee  does  not  approve  a  bill,  either  in  sub- 
stance or  form,  its  chairman  reports  it  to  the  house,  with 
the  recommendation  of  the  committee  that  it  do  not  pass. 
AVhen  it  reports  a  bill,  the  committee  may  state  the  reasons 
for  its  approval  or  disapproval,  or  it  may  not  do  so.  If 
the  bill  is  an  important  one,  or  if  it  has  attracted  public 
attention  to  any  great  extent,  or  if  it  has  much  influence 
uj)on  politics,  the  report  of  the  committee  is  usually  accom- 
l)anied  by  a  statement  of  reasons,  often  at  great  length. 
Each  member  of  the  committee  is  allowed  to  state  his 
views  separately,  and  sometimes  this  is  done. 


94  THE   LEGISLATIVE   DEPARTMENT. 

After  the  committee  has  reported,  the  house  may 
adopt  or  reject  the  report.  If  the  report  is  favorable  to 
a  bill,  and  the  report  is  adopted,  the  bill  is  then  ordered 
to  be  sent  to  the  Committee  of  the  Whole.  If  the  report 
is  unfavorable,  a  rejection  of  the  report  sends  the  bill  to 
the  Committee  of  the  Whole,  or  may  send  it  back  to  the 
same  committee  for  farther  action,  or  may  send  it  to  an- 
other committee.  The  rejection  of  a  favorable  report 
usually  hills  a  bill,  although  it  may  still  be  recommitted 
to  the  same,  or  to  another,  committee.  In  case  of  such 
recommittal,  the  house  usually  instructs  the  committee 
what  action  to  take.  The  sending  of  a  bill  to  another 
committee,  after  an  unfavorable  report  from  one  commit- 
tee, indicates  that  the  house  favors  the  bill ;  in  which  case 
it  is  sent  to  a  committee  a  majority  of  whose  members  are 
friends  of  the  bill. 

Committee  of  the  Whole.  —  This  committee  consists 
of  the  whole  house,  but  the  formalities  and  rules  of  the 
house  are  laid  aside,  so  that  a  bill  or  report  can  be  dis- 
cussed or  amended  more  easily  and  fully  than  can  be  done 
in  tlie  house.  It  is  simply  a  committee  of  the  house,  and 
has  no  organization  but  a  chairman,  who  is  designated  by 
tlie  presiding  officer  of  the  liouse.  The  clerk  and  other 
officers  of  the  house  continue  in  the  discharge  of  their 
duties  however  during  the  session  of  this  committee. 
Wliatever  action  is  taken  by  this  committee  is  merely  ad- 
visory, and  must  be  reported  to  the  house  for  approval. 
Usually  a  bill  is  perfected  in  this  committee  and  is  passed 
by  the  house  just  as  it  is  reported.  Sometimes  the  house 
reverses  the  action  of  the  committee.  Some  members  will 
not  vote  in  the  house,  where  their  vote  is  recorded,  as 
they  voted  in  the  committee,  where  no  record  is  kept. 


THE    LEGISLATIVE    DEPARTMENT.  95 

Action  of  the  House.  —  After  the  Committee  of  the 
Whole  has  perfected  a  bill,  it  reports  to  the  house  the  re- 
sult of  its  action,  just  as  any  other  committee  reports. 
The  house  may  then  vote  to  adopt  or  to  reject  the  report. 
Usually,  a  "yea  and  nay"  vote  is  taken  in  the  house  upon 
each  amendment  proposed  by  the  committee.  Other 
amendments  may  be  proposed  and  voted  upon  at  this 
time.  In  the  Committee  of  the  Whole,  and  in  the  house 
after  a  report  from  that  committee,  are  the  stages  for 
amending  a  bill.  When  the  house  perfects  a  bill,  at  this 
stage,  it  orders  it  engrossed  for  a  third  reading,  after 
which  it  cannot  be  amended  without  sending  it  to  a  com- 
mittee again.  To  engross  a  bill  is  to  write  it  out  just  as 
it  has  been  left  by  the  house,  putting  the  amendments 
into  their  proper  places.  This  copy  of  the  bill  is  carefully 
compared  with  the  original  bill  and  amendments,  by  a 
proper  committee. 

Third  Reading-.  —  After  a  bill  has  been  engrossed,  it  is 
so  reported  to  the  house,  and  is  then  called  up  for  a  third 
reading  and  passage.  It  is  read  in  full  by  the  clerk,  and 
a  vote  taken  at  once  upon  its  passage  by  yea  and  nay.  It 
requires  the  presence  of  a  quorum,  and  the  affirmative  vote 
of  a  majority  of  those  voting,  to  pass  a  bill.  After  the 
passage  of  a  bill  by  one  house,  the  clerk  certifies  upon  it 
the  fact,  and  the  date  of  its  passage,  and  delivers  it  to  the 
other  house  while  it  is  in  open  session.  In  that  house  the 
bill  takes  the  same  course  already  described,  is  subject  to 
amendment  or  rejection,  and  is  treated  in  all  respects  as 
though  it  originated  in  that  house. 

Amended  by  the  Other  House.  —  When  a  bill  is 
amended  by  the  other  house,  the  bill  and  amendments 
must  be  sent  back  to  the  house  from  which  the  bill  came. 


06  THE  legislative:  department. 

If  that  house  agrees  to  the  amendments,  it  so  votes,  and 
the  bill  is  passed.  If  that  house  does  not  agree  to  the 
amendments  proposed  by  the  other  house,  it  so  votes,  and 
reports  its  action  to  the  other  house.  The  other  house 
may  then  drop  its  proposed  amendments  and  pass  the  bill 
without  them,  or  it  may  insist  upon  its  amendments  as 
proposed.  AVhen  such  is  the  case,  each  house  usually 
appoints  a  committee  of  conference.  If  those  committees 
can  agree,  they  report,  and  their  houses  adopt  or  reject 
their  reports.  Usually,  the  conference  committees  com- 
promise the  difference  between  the  two  houses,  and  their 
reports  are  more  often  adopted  than  rejected.  When 
passed  by  both  houses,  tlie  bill  is  enrolled,  that  is,  written 
out  again  in  full  on  parchment  paper,  signed  by  the  pre- 
siding officer  and  clerk  of  each  house,  and  sent,  by  a  com- 
mittee of  the  house  in  which  it  originated,  to  the  President. 
Final  Stag-e.  —  Tlie  President  is  one  of  the  executive 
officers,  but  the  constitutioiip  makes  hiin  a  legislative  officer 
so  far  that  his  approval  of  a  bill  is  necessary  before  it  can 
become  a  law.  When  the  President  approves  a  bill,  he 
writes  upon  it  the  word  "  approved,"  and  the  date  of  tlie 
approval,  and  signs  his  name  beneath.  If  the  President 
does  not  approve  a  bill,  he  must  return  it  to  the  house  in 
which  it  originated,  accompanied  by  a  message  stating  his 
reasons  for  declining  to  approve.  If  he  does  not  so  re- 
turn it  within  ten  days  (Sundays  excepted)  after  it  is 
presented  to  him  for  approval,  the  bill  thereby  becomes  a 
law  without  further  action.  If  Congress  adjourns  before 
the  expiration  of  the  ten  days,  the  bill  does  not  become  a 
law  unless  tlie  President  signs  it.  When  the  message  of 
the  President,  stating  his  objections  to  a  bill,  is  received 
by  the  house  to  which  it  is  directed,  the  message  is  read 


THE    LEGISLATIVE    DEPARTiMEXT.  97 

and  entered  in  full  upctu  the  reeord.  That  house  then 
proceeds,  so  soon  as  it  is  ready,  to  consider  the  message. 
If  two-thirds  of  that  house  vote  to  pass  the  bill  notwith- 
standing the  objections  of  the  President,  it  is  sent  to  the 
other  house,  accompanied  by  a  copy  of  the  President's 
message.  If  both  houses  vote,  by  two-thirds,  to  pass  the 
bill  notwithstanding  the  objections  of  the  President,  it 
becomes  a  law.  This  is  called  passing  a  bill  over  the 
President's  veto.  The  message  objecting  to  a  bill  is  called 
a  veto.  Every  order,  resolution,  or  vote  which  requires 
to  be  passed  by  both  houses  must  be  signed  by  the  Presi- 
dent or  passed  over  his  veto,  in  the  same  manner  as  a  bill, 
in  order  to  be  effective. 

When  Laws  take  Effect.  —  The  constitutions  of  many 
of  the  states  provide  a  time  when  laws  shall  take  effect 
after  their  })assage.  The  constitution  (,f  the  United  States 
is  silent  upon  that  point.  Therefore  the  laws  of  ('ongress 
take  effect  at  once  upon  their  a[)proval  by  the  President, 
()]•  upon  passage  over  the  President's  veto,  unless  the  laws 
themselves  state  Avhen  they  shall  take  effect. 

Publication.  —  The  proceedings  of  Congress  are  so 
important  that  the  nev/spapers  usually  give  more  or  less 
fidl  statements  of  them,  together  with  a  report  of  the  bills 
under  C(Uisideration.  After  adjournment,  however,  the 
hn^s  passed  at  that  session  are  published  in  pamphlet  form 
and  distributed  to  the  courts  and  hio-her  olhcers   of  the 

O 

government,  and  sold  to  others. 

Adjournment.  —  Either  house  may  adjourn  from  day 
to  day  at  pleasure,  but  it  is  forbidden  to  adjourn  for  more 
than  three  days  at  one  time  without  the  consent  of  the 
other  house.  The  assent  of  both  houses  is  also  necessary 
to  an   adjournment  to   any  place  other  than   the   one  in 


98  THE   LEGISLATIVE   DEPARTMENT. 

which  they  shall  then  be  sitting.  In  case  the  two  houses 
cannot  agree  upon  the  time  of  adjournment,  the  President 
may  adjoiirn  them  to  such  time  as  he  sliall  deem  best. 

Impeachment,  —  The  House  of  Representatives  has  the 
sole  power  to  impeach  an  officer  for  official  misconduct. 
The  impeachment  is  tried  by  the  Senate,  sitting  as  a  court. 
When  the  President  is  upon  trial  before  the  Senate,  the 
Chief  Justice  of  the  Supreme  Court  presides  :  in  other 
trials,  the  regular  presiding  officer  acts.  The  proceedings 
in  impeachment  will  be  treated  in  the  chapter  upon  the 
Judicial  System. 


THE   LEGISLATIVE   DEPARTMENT.  99 


CHAPTER   IV. 

THE  LEGISLA  Tl  VE   DEPA  R  TMENT.  —  Continued. 
POWERS   OF   CONGRESS. 

As  tlie  government  of  the  United  States  is  one  of 
limited  powers,  possessing  no  authority  that  is  not  given 
to  it  by  the  constitution,  it  follows  that  each  branch  of 
that  government,  also,  must  be  limited  in  its  powers.  The 
first  section  of  the  constitution  says  that  all  legislative 
powers  herein  granted  shall  be  vested  in  a  Congress.  We 
must  then  look  to  the  constitution  for  a  list  of  the  powers 
granted  and  of  the  limitations  imposed.  We  shall  find 
both,  and  they  will  be  taken  up  in  their  order.  Section 
eight  of  Article  I.  contains  a  list  of  the  powers  granted. 

I.  To  Lay  and  Collect  Taxes,  Duties,  Imposts,  and 
Excises. —  To  "lay"  a  tax  is  to  make  the  necessary  order 
for  its  collection,  accomj)anied  by  such  a  description  of 
the  property  or  person  to  be  taxed  as  shall  enable  the 
collector  to  act  intelligently.  There  would  appear,  from 
the  words  of  the  constitution,  to  be  four  things  which 
Congress  has  power  to  lay  and  collect;  but,  in  reality, 
there  is  but  one :  all  are  taxes,  but  differing  somewhat  in 
their  kind,  and  in  their  method  of  imposition  and  collec- 
tion. 

(a)  A  TAX,  as  usually  understood,  is  a  forced  contribu- 
tion, made  periodically,  by  a  person  for  the  support  of  the 
government :    this  tax  may  be  levied  upon  property  or 


100  THE   LEGISLATIVE   DEPARTMENT. 

upon  the  person.  If  laid  upon  lands  or  other  real  estate, 
it  is  called  a  realty  tax  ;  if  laid  upon  personal  property, 
it  is  called  a  personalty  tax ;  if  laid  upon  the  person,  as 
taxes  for  the  improvement  of  roads  and  streets  are  laid  in 
some  states,  it  is  called  a  poll  tax,  or  capitation  tax.  This 
must  be  the  kind  of  tax  mentioned  in  sections  two  and 
nine  of  Article  I. 

{b)  A  DUTY  is  a  tax  levied  upon  goods  once  only. 
There  are  two  kinds  of  duties,  differing  in  the  method  of 
levy  and  the  character  of  the  property  upon  which  it  i&. 
levied.  A71  Impost  Duty  is  collected  from  goods  manu- 
factured in  another  country,  and  brought  to  this  country 
for  sale  or  use.  This  duty  is  levied  wlien  the  goods  are 
entered  at  the  custom  house,  and  must  be  paid  before  the 
goods  can  be  taken  from  the  custody  of  the  government. 
Sometimes  this  duty  is  levied  upon  goods  with  reference 
to  their  value,  —  so  many  cents  upon  each  dollar  of  valua- 
tion :  it  is  then  called  an  ad  valorem  duty.  Sometimes 
the  duty  is  laid  upon  each  article,  or  measure  of  an  article, 
Avithout  regard  to  its  value  —  so  much  upon  each  pound, 
or  gallon,  or  yard :  it  is  then  called  a  specific  duty. 
Sometimes  it  is  levied  in  both  ways.  The  constitution 
uses  the  words  "tax  or  duty,"  in  the  clause  relating  to 
immigrants  and  imported  slaves.  If  levied  upon  the 
persons  as  human  beings,  it  would  be  a  tax ;  if  levied 
upon  the  persons  as  property,  it  would  be  a  duty,  —  spe- 
cific imjjost  duty.  An  Exeine  Duty  is  a  tax  levied  once 
onl}^  upon  goods  at  the  })lace  of  their  manufacture,  and 
collected  before  the  goods  can  be  removed.  During  and 
after  the  late  War  it  was  levied  upon  many  kinds  of 
goods,  but  now  (1888),  it  is  levied  chiefly  upon  liquors 
and    tobacco,  —  so    much   upon    each   gallon    of    distilled 


THE   LEGISLATIVE   DEPARTMENT.  101 

liquors,  so  much  upon  each  barrel  of  malt  liquors,  so  much 
a  pound  upon  tobacco,  and  so  much  for  each  hundred 
cigars  manufactured.  This  kind  of  duty  usually  includes 
all  the  methods  of  taxation  except  the  annual  levy  upon 
persons  or  property,  or  impost  duties.  The  taxes  paid  in 
stamps  upon  notes,  deeds,  drafts,  etc.,  and  the  taxes  upon 
professional  occupations,  or  callings,  and  upon  incomes, 
are  property  taxes,  though  generally  grouped  under  the 
head  of  excise  duties.  The  taxes  upon  professional  occu- 
pations and  upon  incomes  were  levied  and  paid  annually, 
like  ordinary  property  taxes.  All  the  other  duties,  impost 
and  excise,  are  paid  once  only. 

(c)  Uneformitv.  Under  our  form  of  government, 
there  is  little,  if  any,  danger  that  the  taxes  or  duties  will 
be  any  higher  in  one  part  of  the  nation  than  in  any  other ; 
but  the  men  of  the  Revolution  had  just  separated  them- 
selves from  a  government  under  which  such  partiality  had 
been  shown,  and  they  took  care  to  provide  against  the 
possibility  of  such  injustice  under  the  new  government. 

(t7)  Objects.  The  section  which  we  are  considering 
states  three  purposes  to  which  the  money  raised  from  taxes 
and  duties  may  be  applied  :  — 

1.  To  2)ciy  tJie  debts,  (a)  Under  the  confederacy,  there 
was  no  common  treasury,  out  of  which  the  expenses  of 
the  war  of  the  Revolution  could  be  paid.  The  Articles 
of  Confederation  provided  that  each  colony  should  pay  its 
share  of  those  expenses  in  proportion  to  the  value  of  land 
possessed  by  it.  But  all  the  colonies  did  not  pay  their 
shares.  The  close  of  the  war  found  the  colonies  heavily 
in  debt  for  the  expenses  of  the  war.  As  all  were  to  share 
in  the  benefits  of  the  war,  it  was  just  that  the  new  gov- 
ernment, representing  all  the  colonies,  should  assume  that 


102  THE   LEGISLATIVE   DEPARTMENT. 

debt.  These  then  were  the  debts  which  the  constitution 
authorized  to  be  paid  from  the  money  collected  from  taxes 
and  duties. 

(i)  It  often  happens,  in  the  life  of  a  nation,  that  it  has 
need  of  money  at  once,  for  more  than  it  has  on  hand,  and 
when  it  cannot  await  the  slow  process  of  levy  and  collec- 
tion of  taxes.  Then,  it  must  borrow  money,  must  create 
a  debt.  It  cannot  borrow  money  unless  it  has  authority 
to  pay.  To  pay  debts  so  created  is  within  the  authority 
of  this  section. 

2.  Common  Defense.  A  provision  for  the  common  de- 
fense, for  the  defense  of  the  nation  and  of  its  people,  is 
a  usual  and  necessary  object  of  taxes.  A  nation  must  be 
prepared  to  strike  back  at  assailants  if  it  would  exist,  and 
such  preparation  requires  money. 

3.  The  General  Welfare.  («)  Under  this  head  must 
be  included  the  payment  of  the  ordinary  expenses  of  the 
government.  (^)  In  addition  to  this,  tliere  are  harbors 
to  be  lighted  and  repaired,  channels  to  be  buoj'ed,  coasts 
to  be  measured  and  sounded,  ports  to  be  protected  from 
winds  and  waves,  river  channels  to  be  kept  open,  canals 
to  be  dug,  roads  to  be  built,  and  many  other  works  of 
internal  improvement,  which  benefit  the  people  of  the 
whole  nation  in  greater  or  less  degree.  To  such  objects 
the  national  money  may  be  applied. 

II.  To  Borrow  Money.  —  As  we  have  just  seen,  an 
occasion  often  arises  when  a  government  needs  more  money 
than  it  has  on  hand,  and  needs  it  before  it  can  be  collected. 
The  outbreak  of  a  foreign  war,  or  of  a  domestic  rebellion  or 
insurrection,  might  call  for  the  expenditure  of  millions  of 
dollars  within  a  few  months.  To  meet  such  an  emergency, 
this  clause  gives  to  the  government  authority  to  borrow 
money. 


THE   LEGISLATIVE   DEPARTMENT.  103 

III.  To  Regriilate  Commerce.  —  (1)  FOREIGN.  There 
is  no  nation  that  permits  outside  persons  to  trade  with  its 
citizens,  within  its  territory,  without  restriction.  There 
are  sereral  reasons  for  this,  (a)  The  government,  through 
its  organized  forces  of  police,  army,  and  navy,  affords  some 
protection  to  all  the  persons  and  property  within  its  limits. 
These  forces  cost  money,  and  those  who  receive  benefits 
from  them  should  pay  for  them.  If  foreign  persons  can 
find  a  profit  in  trade  in  our  ports,  they  ought  to  share  that 
profit  with  the  people  of  the  government  that  grants  the 
privilege  to  trade.  (^)  If  the  government  had  no  super- 
vision of  the  trade  between  its  citizens  and  foreign  persons, 
it  might  find  its  citizens  selling  arms  and  other  contraband 
articles  of  war  to  people  who  could  not  make  them,  and 
who  would  use  them  against  us.  The  nation  could  not 
remain  neutral  in  case  of  war  between  two  of  its  neighbors, 
if  its  citizens  could  sell  war-materials  to  either  nation  at 
pleasure.  It  would  be  inevitably  drawn  into  the  war.  The 
nation  is  bound,  in  honor,  to  prevent  its  citizens  furnishing 
aid  to  the  enemies  of  any  nation  with  whom  it  is  at  peace. 
For  this  purpose,  it  must  know  what  is  sold  to  go  out  of 
the  country,  and  what  is  bought  to  come  in.  (c)  It  has  a 
duty,  too,  to  see  that  goods  brought  into  the  country  are 
not  injurious  to  the  people  in  any  way.  This  includes  all 
degrees  of  injury,  from  the  greatest  danger  to  the  slightest 
inconvenience.  If  the  introduction  of  some  goods  would 
place  the  lives  or  health  of  people  in  danger,  the  govarn- 
ment  has  a  dut}^  to  prohibit  such. introduction.  If  only 
property  is  endangered,  the  duty  is  no  less  actual  and  plain. 
If  such  introduction  of  goods  should  tend  to  throw  classes 
of  people  out  of  employment,  or  to  cause  a  decrease  of 
wages,  or  to  encourage  vice,  or  to  increase  pauperism,  or 


104  THE    LEGISLATIVE   DEPARTMENT. 

to  break  clown  national  character,  the  duty  of  the  govern- 
ment to  prohibit  or  to  discourage  such  importation  by 
any  means  in  its  power  seems  clear.  ((Z)  In  order  to  pre- 
serve a  national  character  and  national  pride,  the  citizens 
of  a  nation  must  have  an  advantage  over  foreigners  at 
home.  What  a  citizen  may  claim  as  a  right,  a  foreigner 
can  request  as  a  privilege  only.  That  the  rules  and  regu- 
lations by  which  the  commerce  of  the  nation  is  controlled 
may  be  uniform,  they  should  all  be  made  by  the  same 
authority,  and  be  applicable  to  all  places  and  to  all  per- 
sons alike. 


THE    LEOISLATIVK    DEPARTMENT.  10;") 


CHAPTER    V. 

77//';    l.EdlSLA  Tl  VE    DEPA  U  TyfENT.  —  Contmm,!. 
POWERS    OP    CONGRESS.  — Con^mwc'/. 

111.  To  Reg-ulate  Coiiiuierce  (continuetT). — (2)  Ixtei;- 
sTATi:.  In  1887  C'oiigress  passed  an  Interstate  Commerce 
Law.  (See  its  provisions,  pages  171-173.)  The  welding  of 
the  several  colonies  and  states  into  a  compact  and  united 
nation  luis  been  so  thorough  that  citizens  kno\Y  but  little 
of  state  lines,  except  in  regard  to  political  affairs.  Tlie 
constitution  lias  doubly  guarantied  that  the  citizens  of 
one  state  shall  possess  and  enjoy  all  the  privileges  and 
immunities  of  citizens  of  the  several  states.  Therefore  a 
citizen  of  one  state  can  trade  in  another  state  with  the 
same  freedom  from  restriction  and  restraint  as  can  the 
citizens  of  that  state.  It  is  clear,  if  we  may  judge  from 
the  language  of  the  constitution,  that  the  framers  of  that 
instrument  had  somewhat  obscure  ideas  about  the  rela- 
tions of  the  states  to  each  other  and  to  the  central  o-overn- 
ment.  This  clause  woukl  indicate  that  they  regarded  the 
states  as  aliens  to  each  other,  very  much  as  France  and 
Spain  are  alien  to  each  other.  Only  in  matters  of  local 
government  are  they  so  alien.  Duties  are  not  levied  upon 
goods  passing  from  one  state  to  another,  nor  is  there  any 
inspection  of  them,  or  interference  with  tlieir  free  transit 
in  any  way  by  any  government.  In  practice,  in  commer- 
cial matters,  the  United  States  is"  one  country,  where-in 


106  THE   LEGISLATIVE   DEPARTMENT. 

state  lines  are  neither  regarded  nor  observed.  The  regula- 
tion of  charges  upon  the  transportation  of  passengers  and 
freight  from  one  state  into  or  through  another  is  about  the 
only  subject  upon  which  Congress  has  been  asked  to  act 
under  the  authority  of  this  clause.  While  there  might 
seem  to  be  sufficient  power  in  tlie  individual  states  to  make 
such  regulations  as  would  protect  their  own  citizens,  yet 
such  regulations  would  not  be  so  uniform  and  imj)artial  as 
the  industrial  interests  of  the  nation  require.  Hence, 
Congress  has  made  such  regulations  and  enacted  such 
laws  as  shall  apply  alike  to  all  the  states. 

(3)  Indians.  To  some  extent  the  Indians  have  always 
been  regarded  by  the  government  as  organized  communi- 
ties, with  whom  treaties  could  be  made.  This  was  espe- 
cially so  at  the  time  of  the  formation  of  the  constitution. 
Then,  there  were  large  nations  of  Indians  who  occupied 
the  great  tracts  of  country  west  of  the  settlements.  There 
were  reasons,  drawn  from  the  character  of  the  Indians, 
which  made  it  desirable  that  the  commercial  intercourse 
between  them  and  the  settlers  should  be  very  greatly  re- 
stricted. There  was  a  special  necessity  for  making  it 
difficult  for  the  Indians  to  obtain  arms  and  ammunition 
and  intoxicating  liquors.  In  addition,  the  same  reasons 
that  made  it  proper  for  the  nation  to  have  the  right  to 
regulate  trade  witli  foreign  nations,  made  it  proper  for  the 
nation  to  have  control  of  the  trade  with  the  Indians. 
Since  the  great  West  has  been  settled,  there  are  no  longer 
any  Indian  nations ;  and  the  whole  population,  living  in 
22  states  and  teiiitories,  is  estimated  at  about  170,000. 
The  Indians  are  now  under  the  protection  of  the  national 
government,  and  all  trade  Avith  them  is,  as  it  ought  to  be, 
under  the  regulations  of  that  government. 


THE   LEGISLATIVE 'department.  107 

IV.  Naturalization. —  The  United  States  is  essentially 
a  nation  of  innnigrants.  From  its  iirst  settlement,  there 
has  been  a  tide  of  immigration  from  Europe  —  the  new- 
comers came  to  stay.  As  the  privileges  and  burdens  of 
citizenship  ought  not  to  be  lightly  assumed,  and  as  there 
ought  to  be  some  means  whereby  the  government  may 
know  who  are  and  who  are  not  citizens,  it  is  proper  that 
those  who  intend  to  become  citizens  should  do  something 
to  indicate  that  intent,  and  some  record  should  be  made  of 
it.  In  monarchies,  it  is  usual,  when  a  person  succeeds  to 
the  throne,  for  all  the  officers  and  men  of  the  army  and 
navy,  and  of  tlie  civil  service,  to  take  an  oath  of  allegiance 
to  the  new  sovereign.  And  it  is  very  proper  for  a  person 
who  changes  his  allegiance  to  take  an  oath  of  fealty  to  the 
new  government  under  which  he  is  to  live.  To  provide  for 
tliese  things.  Congress  has  made  rules  and  regulations  gov- 
erning the  admission  of  foreigners  to  American  citizenship. 

V.  Bankruptcy.  —  A  bankrupt  law  is  one  that  permits 
unfortunate  business  men,  who  cannot  pay  their  debts, 
to  deliver  all  their  })roperty  to  trustees  for  the  benefit  of 
their  creditors  as  payment  in  full  of  all  their  debts.  Those 
who  have  failed  in  business,  not  always  by  their  own  fault, 
and  who  have  large  debts  hanging  over  them,  have  no 
incentive  to  enter  business  again,  as  their  earnings  could 
be  seized  at  any  time  by  their  creditors.  Tiie  government 
deems  it  better  for  the  public  good  that  all  debts  be  wiped 
out,  under  such  circumstances,  and  the  unfortunate  debtor 
be  allowed  to  start  again.  Each  state  still  has  the  right 
to  make  such  laws  upon  this  subject  as  will  affect  its 
own  citizens,  oidy.  A  state  law  cannot  release  a  debtor 
from  the  claims  of  a  creditor  who  resides  in  another  state ; 
only  a  law  of  Congress  can  do  that.     At  pi'esent  (1888), 


108  THE   LEGISLATIVE   DEPARTMENT. 

tliere  is  no  national  bankrupt  law.    Most  of  the  states  have 
one  of  that,  character. 

VI.  Money,  Weights,  and  Measures.  —  All  civilized 
countries  assume  the  exclusive  right  to  coin  the  money 
which  the  people  use,  and  to  regulate  its  value.  In  no 
other  way  can  the  people  be  sure  that  the  coin  in  use  con- 
tains the  proper  amount  of  precious  metal,  or  that  it  has 
the  value  that  it  pretends  to  have.  For  like  reason,  the 
governments  take  the  right  to  determine  the  standards  of 
weights  and  measures.  Unless  the  governments  did  this, 
people  could  not  know  that  they  were  buying  thirty-six 
inches  for  a  yard,  or  sixteen  ounces  for  a  pound.  Money, 
weights,  and  measures,  used  by  all  the  people,  ought  to  be 
the  same  in  all  places  in  the  same  nation,  and  one  author- 
ity sliould  provide  rules  for  making  them  so. 

VII.  Counterfeiting'.  —  All  governments  have  the  right 
to  punish  those  who  resist  their  authority,  or  who  inter- 
fere with  their  functions.  In  order  to  perform  its  duty  in 
furnishing  to  its  people  uniform  coin,  and  in  emitting 
securities,  it  must  see  that  the  coin  is  not  debased  nor  the 
coin  or  securities  counterfeited.  The  right  to  punish 
counterfeiting  the  coin  and  securities  of  a  nation  would 
seem  to  be  a  necessary  part  of  the  right  to  issue  them. 

VIII.  Post-offlces  and  Post-roads.  —  These  are  new 
things  in  the  history  of  tlie  world.  Anciently,  among  all 
people,  there  were  arrangements  for  carrying  the  dis- 
patches of  the  government,  —  for  conveying  official  reports 
and  letters  between  the  officers  of  the  government ;  but 
there  was  not,  prior  to  1635,  any  arrangement  for  carry- 
ing the  letters  of  the  people.  At  that  date,  the  first  post- 
office  for  the  people  was  established,  in  Enghmd,  and  it 
was  not  until  1649  that  the  government  of  Great  Britain 
assumed  charge  of  it.     The  coloiiies  adopted  the  plan  of 


THE   LEGISLATIVE   DErAKTMENT.  109 

government  [)()st-offices  and  post-roads  in  1710,  and  under 
the  administration  of  Jjcnjaniin  Franklin,  who  was  the 
first  Postmaster-General,  it  was  rapidly  extended  and  im- 
proved. The  system  became  permanent,  as  a  branch  of 
government  business,  upon  the  adoption  of  the  constitu- 
tion. To  Congress  is  given  control  of  the  establishment 
of  post-oflices  and  post-roads,  as  the  system  ought  to  be 
uniform  over  the  whole  United  States. 

IX.  Copyrisiit ;  Patents.  —  These  two  rest  upon  the 
same  })rinciple.  The  right  to  the  exclusive  ownership  of 
one's  own  inventions  and  of  the  product  of  one's  own 
thoughts,  is  one  of  modern  acceptance,  although  it  is  not 
universally  accepted.  Even  some  Americans  deny  the 
right.  All  discoveries  in  the  arts  and  sciences  are  neces- 
sarily costly  in  the  expenditure  of  time  and  money.  All 
work,  too,  that  comes  under  the  head  of  literature,  is  costly 
in  the  time,  labor,  and  expenditures  in  preparatioiv  for  it 
as  well  as  in  its  production.  It  is  therefore  right  that 
those  who  enjoy  benefits  from  inventions  and  from  literary 
labors  shall  pa}^  for  them.  Some  autocratic  governments 
reward  authors,  inventors,  and  discoverers  by  gifts  of 
money  or  lands  or  by  pensions.  The  more  modern,  and 
the  more  equitable,  idea  is  to  guarantee  to  such  persons 
the  exclusive  right  to  print  and  sell  their  own  literary 
works,  and  to  use  their  own  inventions  or  discoveries,  by 
themselves,  or  purchasers,  for  a  term  of  years,  during 
which  time,  it  is  supposed,  they  may  repay  themselves  for 
their  time  and  expense.  This  is  the  plan  of  the  constitu- 
tion, which  gives  to  Congress  authcn-ity  to  carry  it  out. 

X.  Courts.  —  The  constitution  provides  for  but  one 
court,  and  leaves  to  Congress  the  duty  to  ascertain  what 
other  courts  are  wanted  and  to  provide  them,  and  tu  make 
rules  and  regulations  for  their  government.     [Art.  III.,  1 


110  THE   LEGISLATIVE   DEPARTMENT. 

and  2.]  The  court  of  the  constitution  is  the  Supreme 
Court,  and  the  courts  to  be  established  by  Congress  must 
be  inferior  to  it. 

XI.  Piracies.  —  («)  Very  few  criminal  offenses  come 
witliin  the  jurisdiction  of  the  government  of  the  United 
States  :  most  are  left  to  the  local  regulation  of  the  states. 
The  boundaries  of  the  states  terminate  at  the  seashore, 
but  those  of  the  national  government  extend  to  a  distance 
into  the  sea,  three  leagues,  or  nine  miles.  Upon  that  por- 
tion of  the  sea  not  within  the  boundaries  of  any  state,  the 
citizens  of  the  United  States  are  within  the  protection  of 
the  nation.  The  government  of  the  United  States  takes 
upon  itself  to  punish  piracy  and  other  felonies  committed 
by  any  one  within  the  three-league  limit,  or  by  any  of  its 
citizens  outside  that  limit.  The  power  that  provides  pun- 
ishment for  a  crime  should  be  the  one  to  define  that  crime.. 
(6)  The  states  have  no  relations  to  foreign  governments 
except  through  the  United  States  government,  and  cannot 
make  treaties  with  other  nations.  The  law  of  nations,  so- 
called,  is  simply  a  condensed  statement  of  the  treaties  be- 
tween nations.  There  are,  however,  many  rules  regarding 
the  intercourse  of  citizens  of  different  nations  and  tlie  rela- 
tion of  nations  to  each  other  and  to  each  other's  subjects 
or  citizens  which  are  so  generally  embraced  in  the  treaty 
stipulations  of  all  the  civilized  nations  that  they  are  usually 
regarded  as  of  universal  acceptance.  As  between  the  na- 
tions accepting  those  rules,  they  are  regarded  as  laws.  There 
have  been  many  books  written  to  systematize  and  explain 
these  laws.  No  one  but  themselves  can  make  laws  for  inde- 
pendent nations.  Therefore  the  national  government  must 
help  to  make  all  tlie  rules  that  applj-  to  the  relations  of  the 
United  States  to  foreign  nations,  and  must  help  to  enforce 
them  by  the  punishment  of  those  who  violate  them. 


THE   LEGISLATIVE   DEPARTMENT.  Ill 


CHAPTER   VI. 

THE   LEdlSLA  TI VE   DEPA  R  TMENT.  —  Continued. 
POWERS    OF    COl-iGR'KQS,.— Continued. 

XII.  War.  —  Every  independent  government  must  have 
the  right  to  determine  for  itself  when  to  engage  in  war 
and  when  to  make  peace.  Eveiy  snch  nation  must  also 
have  the  means  to  repel  assaults  and  to  punish  its  enemies, 
otherwise  it  would  not  long  remain  independent.  To  do 
these,  armies  and  navies  are  needed.  These  are  the  police 
forces  of  a  nation.  Necessarily,  the  same  government  that 
has  the  right  to  declare  war  and  to  make  peace,  must  have 
the  right  to  raise  and  to  vise  the  army  and  navy,  and  must 
also  have  authority  to  make  all  the  rules  and  regulations 
needed  for  their  government,  for  disposing  of  captures 
upon  land  and  water,  and  for  arming,  training,  and  officer- 
ing both  arms  of  the  service  ;  that  is,  to  have  full  control 
of  all  the  means  of  defense  and  of  offense.  In  deference 
to  the  several  states  who  desired  to  retain  some  semblance 
of  sovereignt}^  the  constitution  allows  the  several  states 
to  appoint  the  officers  of  the  militia,  and  to  train  the  mili- 
tia under  the  rules  to  be  prescribed  by  the  Congress.  The 
rules  are  to  be  prescribed  by  Congress,  so  that  they  may 
be  uniform  throughout  the  nation.  The  army  is  the  body 
of  national  ])olice  force  in  active  service,  while  the  militia 
is  simply  a  like  force  partially  trained,  which  can  bo  called 
out  when  needed. 


112  THE   LEGISLATIVE   DEPARTMENT. 

XIII.  District  of  Columbia.  —  At  the  time  of  the  adop- 
tion of  the  coustitutioii,  tlie  nation  had  no  located  capital. 
Arrangements  had  been  made,  however,  to  receive  the 
gift  of  a  tract  of  land,  ten  miles  square,  from  Virginia  and 
Mar3'land,  situate  on  the  Potomac,  on  which  to  locate  the 
capital.  This  provision  is  expressive  of  that  arrangement, 
and  states  that  Congress  shall  have,  as  it  ought  to  have, 
exclusive  control  of  that  tract  of  land.  The  government 
cannot  afford  to  be  subject  to  the  good-will  of  any  one  of 
the  states ;  it  must  be  inde[)endent  of  all  of  them.  The 
public  buildings  of  the  United  States,  its  forts,  arsenals, 
dock-yards,  and  other  places  needed  by  the  government 
for  any  purpose,  must,  likewise,  be  wholly  under  its  con- 
trol. Whenever  the  national  government  purchases  any 
land  within  the  boundaries  of  a  state,  for  any  purpose,  it 
secures  an  act  of  the  legislature  of  that  state  ceding  to  the 
national  government  exclusive  control  of  the  land  so  pur- 
chased, and  of  the  buildings  erected  thereon. 

XIV.  General  PoAvers.  —  This  is  a  sweeping  clause  to 
remedy  any  oversight  in  the  grant  of  specific  powers.  It 
is  useful  in  protecting  the  officers  and  inferior  depart- 
ments of  the  government  in  the  exercise  of  their  duties. 
The  courts  would  probably  hold,  in  any  event,  that,  when 
the  constitution  gives  any  authority  to  the  national  gov- 
ernment, or  to  any  department  or  officer  of  it.  Congress 
would  have  the  right  to  enact  laws  for  making  such  au- 
thority effective.  Some  of  the  state  courts  have  already 
decided  that  when  power  is  given  to  an  officer,  all  the 
proper  means  for  the  effective  exercise  of  that  power  are 
necessarily  given.  Such  view  would  probably  have  been 
taken  by  the  Tuited  States  courts,  without  this  last  prf)- 
vision.  The  existence  of  this  general  grant  prevents  a 
great  deal  of  dispute. 


THE   LEGISLATIVE   DEPAllTMENT.  113 

XV.  Slave  Trade.  —  In  section  nine,  Congress  is  an- 
tliorizetl  to  levy  a  '"tax  or  duty"  of  ten  dollars  a  head 
upon  all  persons  imported  into  the  United  States,  and  to 
prohibit  such  importation  after  1808.  The  persons  re- 
ferred to  in  this  section  were  slaves,  and  the  importation 
Avas  the  slave  trade.  So  far  as  the  "tax  or  duty"  on 
slaves  is  concerned,  the  right  to  levy  such  a  tax  is  a  dead 
letter,  as  Congress  prohibited  the  slave  trade  in  1808,  and 
there  can  be  no  persons  imported  upon  AAliich  such  a  tax 
could  be  levied  now. 

XVI.  Election  of  Members  of  Congi*ess.  —  The  duty 
to  provide  rules  for  the  election  of  United  States  senators 
is  given  to  Congress :  but  Congress  cannot  fix  the  place 
where  the  election  shall  be  held.  That  place  ought  to  be 
the  capital  of  the  state,  and  each  state  locates  its  own 
capital.  Uniformity  and  certainty  in  the  rules  for  all 
governmental  action  are  very  desirable ;  especially  is  this 
the  case  in  the  matter  of  elections.  But  there  would  not 
be  uniformity  in  the  election  of  United  States  senators  if 
each  state  should  be  left  to  make  rules  for  itself.  Besides, 
as  the  United  States  senator  is  an  officer  of  the  United 
States,  the  government  of  the  United  States  should  have 
control  of  his  election.  Nearly  the  same  reasons  apply  to 
the  election  of  members  of  the  House  of  Representatives, 
and  Congress  may  make  regulations  for  their  election. 
[Art.  I.,  sec.  4.] 

XVII.  Electors.  —  While  the  method  of  electing  the 
Presidential  electors  is  to  be  determined  by  the  different 
states,  each  for  itself.  Congress  has  set  the  day  for  their 
election,  and  the  day  upon  which  they  shall  vote  for  Presi- 
dent. It  is  important  that  all  the  electors  shall  cast  their 
vot(>s  upon  the  same  day,  in  order  that  each  may  vote  his 


114  THE   LEGISLATIVE   DEPARTMENT. 

individual  preference,  without  regard  to  the   manner  in 
which  others  raa}'  vote.     [Art.  II.,  sec.  l.J 

XVIII.  Treason.  —  In  the  first  jjart  of  section  three, 
Article  III.,  the  constitution  declares  that  treason  shall 
consist  of  levying  war  against  the  nation  or  in  adliering  to 
its  enemies,  giving  them  aid  and  comfort.  The  constitu- 
tion does  not  attempt  to  fix  the  punishment  for  their 
crime  :  this  it  leaves  for  Congress  to  do. 

XIX.  Public  Record-s.  —  The  constitution  declares 
that  the  public  acts,  records,  and  judicial  proceedings  of 
each  sta;te  shall  have  full  credit  in  all  the  other  states. 
Congress  may  provid':  the  manner  of  proving  such  acts, 
records,  and  proceedings,  and  declare  the  effect  of  such 
proof.  If  a  judicial  decision  has  been  rendered  against  a 
person  in  one  state  and  he  move  to  another,  it  can  be 
enforced  against  him  there  without  a  new  trial,  under  this 
provision.      [Art.  IV.,  sec.  1.] 

XX.  New  States.  —  Congress  has  sole  power  to  admit 
new  states.  At  the  close  of  'the  Revolution  the  country 
extended  west  to  the  Mississippi,  north  to  the  great  lakes, 
but  not  to  the  Gulf  of  Mexico  on  the  south.  Large  tracts 
in  the  west  and  north-west  owned  by  the  states  were  after- 
ward ceded  to  the  United  States,  and  in  1787  Congress 
organized  a  territorial  government  for  this  north-western 
territory,  and  provided  for  its  division  into  five  states. 
This  division  was  afterwards  made,  and  the  territory  be- 
came the  states  of  Ohio,  Indiana,  Michigan,  Wisconsin, 
and  Illinois.  The  south-western  territory,  claimed  by 
Georgia,  North  Carolina,  and  South  Carolina,  was  un- 
organized, but  was  expected  to  follow  the  fortunes  of 
the  north-western  territory.  Maine  was  a  detached  por- 
tion  of  Massachusetts ;    Vermont  was    claimed   by  New 


THE   LEGISLATIVE   DEPARTMENT.  115 

Hampshire  and  New  York,  \vl)ile  the  residents  asserted 
their  independence.  This  comprised  the  expectations  of 
new  states,  at  the  time  the  constitution  was  framed. 
Nothing  was  known,  or  contemphited,  of  the  great  tract 
of  country,  west  of  the  Mississippi  river,  which  was  after- 
wards purchased  from  France  and  Mexico.  [Art.  IV., 
sec.  3.] 

XXI.  Public  Lands.  —  Any  right  to  own  property 
must  carr}^  with  it  the  right  to  make  rules  concerning  its 
control.  As  stated  above,  much  of  the  unsettled  lands, 
that  were  not  within  the  limits  of  any  of  the  colonies, 
were  claimed  by  more  than  one  colony,  and  trouble  was 
threatened  in  consequence.  All  this  territory  in  the 
north-west  was  ceded  to  the  United  States  just  before 
the  formation  of  the  constitution  was  completed.  This 
cession  was  made  as  a  compromise.  Some  of  the  colonies 
refused  to  enter  the  union  unless  the  cession  was  made, 
as  they  were  jealous  of  the  influence  which  the  possession 
of  large  tracts  of  land,  in  the  nature  of  provinces,  would 
give.  Besides,  many  thought  that  such  possession  of 
land,  by  states  outside  their  limits,  was  inconsistent  with 
the  nature  of  the  government  about  to  be  established. 
The  section  of  the  constitution  concerning  the  right  of 
Congress  to  dispose  of,  and  to  make  rules  and  regulations 
concerning  the  territory  of  the  United  States,  was  inserted 
in  order  that  there  might  be  no  question  about  it.  The 
proviso  that  nothing  in  the  constitution  should  be  con- 
strued so  as  to  prejudice  the  claims  of  the  United  States 
or  of  any  state  may  not  have  been  necessary,  but  was 
justifiable,  perhaps,  in  view  of  the  rivalry  that  then  existed 
between  the  colonies.     [Art.  IV.,  sec.  3.] 


116  THE    LEGISLATIVE   DEPARTMENT. 

XXII.  Nobility.  —  We  shall  soon  see  that  the  United 
States  cannot  grant  to  any  person  any  title  of  nobility, 
and  that  no  officer  of  the  United  States  can  "accept  of 
any  present,  eniolunient,  office,  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  state."  The  con- 
stitution permits  Congress  to  give  its  consent  to  such 
acceptance  of  a  gift  from  a  foreign  ruler  or  government. 
This  permission  is  very  seldom  used  by  Congress,  and 
never  except  for  the  purpose  oi  enabling  an  officer  to 
accept  a  present,  or  other  honorary  testimonial,  in  recog- 
nition of  gallant  and  meritorious  services,  in  the  line  of 
literar}^  scientific,  or  humane  action.  The  American 
people  do  not  believe  very  much  in  the  value  of  titles  of 
nobility,  and  they  are  not  willing  that  a  taste  for  such 
titles  shall  ever  prevail  in  the  United  States.  [Art.  I., 
sec.  9.] 

XXIII.  State  Tariff. —  We  shall  see,  also,  that  the 
states  are  forbidden  to  lay  any  duties  upon  imports  or 
exports.  The  framers  of  the  constitution  evidently  con- 
sidered that  there  might  be  circumstances  connected  with 
the  cost  of  keeping  some  ports  in  order  and  safety  that 
would  make  it  proper  for  a  state  to  repay  itself  for  such 
cost  from  the  commerce  of  that  port.  Hence,  Congress  is 
allowed  to  give  its  consent  to  such  action  when  proper. 
[Art.  I.,  sec.  10.] 

XXIV.  state  Troops.  —  While  the  states  are  forbidden, 
as  we  shall  see,  to  levy  tonnage  duties,  keep  troops  or 
ships  of  war,  in  time  of  peace,  or  enter  into  agreements 
with  other  states  or  nations,  circumstances  might  arise  to 
make  this  prohibition  burdensome  and  unwise :  therefore 
Congress  is  authorized  to  consent  to  such  actions  bv  the 
states,  when,  in  its  judgment,  the  public  interests  will 
permit.     [Art.  L,  sec.  10.] 


tup:  legislative  department.  117 

XXV.  Ameiidiueuts.  —  Congress  has  power,  also,  to 
initiate  aineudments  to  the  constitution,  of  which  the 
details  will  be  given  hereafter.     [Art.  V.} 

XXYI.  Siinrtries.  —  Each  of  the  three  amendments  last 
adopted,  the  thirteenth,  fourteenth,  and  fifteenth,  contains 
a  fnial  clause  giving  to  Congress  authority  to  make  all 
needed  Jaws,  rules,  and.  regulations  for  the  proper  enforce- 
ment of  the  amendment.  These  amendments  are  of  such 
a  nature,  being  largely  restrictions  upon  tlie  powers  of  the 
states,  that  Congress  could  not  enforce  them  without  this 
authority.  Without  authority  given  to  some  department 
of  the  government  for  their  enforcement,  they  would 
be  obeyed  or  not,  as  each  state  might  decide  for  itself. 
These  amendments  will  be  considered  in  their  proper 
place. 


118  THE   LEGISLATIVE   DEPARTMENT. 


CHAPTER   VII. 

THE   LEGISLATIVE    DEPARTMENT.  — Continued. 
RESTRICTIONS   UPON    CONGRESS. 

In  the  last  chapter,  we  have  considered  the  various 
powers  which  the  constitution  has  given  to  Congress.  In 
order  that  legishitive  authority  might  not  be  carried  too 
far,  the  constitution  has  provided  some  restrictions  upon 
those  powers,  and  some  restrictions  upon  such  powers  as 
would  naturally  belong  to  a  legislative  body.  These 
restrictions  are  needed  in  order  to  keep  the  powers  of 
Congress  in  harmony  with  a  form  of  government  under 
which  there  are  other  governments  in  some  measure  inde- 
pendent of  it. 

I.  Appropriations  for  the  Army.  —  Congress  has  au- 
thority to  raise  and  to  support  armies,  but  it  is  prohibited 
from  making  appropriations  for  that  purpose  for  a  longer 
term  than  two  years.  The  people  are  recognized  as  the 
real  rulers,  and  this  restriction  allows  the  voters,  in  the 
election  of  members  of  Congress,  to  express  their  wishes 
upon  tlie  question  of  a  war  every  two  years.  As  a 
rule,  the  appropriations  of  money  by  Congress  are  made 
annually. 

II.  Bill  of  Attainder.  — J/.r  Post  Facto  Law.  The  pro- 
hibition upon  the  power  of  Congress  in  reference  to  these 
two  subjects  has  been  discussed  already.     (See  page  26.) 

III.  Tax.  —  The  right  to  levy  a  direct  tax  is  restricted 
so  that  it  must  be  levied  in  proportion  to  the  population 


THE   LEGISLATIVE   DEPARTISIENT.  119 

of  each  state.  Undei'  this  provision  Congress  miglit  pass 
hiws  levying  a  direct  property  and  capitation  tax,  but  it 
couhl  not  oblige  the  states  to  collect  it,  nor  would  it  have 
the  power  to  use  state  and  local  machinery  for  its  collection ; 
a  large  number  of  special  officers  distributed  through  the 
country  would  be  required  to  collect  it.  lievenue  more  than 
sufficient  for  the  needs  of  the  government  is  now  raised  by 
duties  upon  imported  goods,  and  from  the  manufacture  and 
sale  of  a  few  domestic  articles  that  are  thought  to  be  inju- 
rious.    [Art.  I.,  sec.  9.] 

IV.  Export  Duty.  —  According  to  the  meaning  usually 
given  to  this  prohibition.  Congress  cannot  levy  an  export 
duty  upon  any  article  produced  in  any  of  the  states.  During 
the  war  of  1861-65  an  export  duty  was  levied  and  collected 
upon  cotton.  Although  such  levy  has  been  considered  to 
be  illegal,  the  money  so  collected  has  never  been  repaid. 

V.  Preferences.  —  The  trade  of  a  country,  whether  im- 
port or  ex}K)rt,  usually  concentrates  at  a  few  ports.  The 
natural  tendency  of  legislation  would  be  to  make  rules  and 
regulations  for  such  ports  different  from  those  made  for 
other  ports.  In  the  eye  of  the  law,  all  places  should  have 
equal  privileges,  and  all  rules  and  regulations  sliould  be 
uniform.  So  the  constitution  declares  that  all  regula- 
tions of  commerce  and  of  revenue  shall  be  uniform,  shall 
apply  to  all  ports  alike,  and  that  no  preference  shall  be 
given,  for  or  against,  the  ports  of  any  state.  It  was  one  of 
the  accusations  against  the  mother  countr}'',  that  the  regu- 
lations of  the  commerce  and  revenue,  made  for  the  colo- 
nies, were  often  unjust  and  preferred  favored  ports.  Ves- 
sels were  often  obliged  to  enter  at  such  ports,  and  to  clear 
from  them,  even  if  they  did  not  desire  nor  need  to  go 
there.     As  early  as  1670,  a  law  of   Parliament  required 


120  THE   LEGISLATIVE   DEPARTMENT. 

that  goods,  shipped  from  one  port  in  one  of  the  colonies 
to  a  j)ort  in  another  colony,  should  pay  duty  at  the  port/ 
where  they  entered.  Such  regulations  were  inconsistent 
with  the  theory  that  the  colonies  were  a  part  of  the  British 
empire.  Such  regulations,  continued  under  the  new  gov- 
ernment, would  be  inconsistent  with  the  theory  that  the 
United  States  constitute  but  one  government.  ^Were  the 
separate  states  as  independent  and  sovereign  as  is  some- 
times claimed  for  them,  this  prohibition  would  be  out  of 
harmony  with  the  frame  of  government.     [Art  I.,  sec.  9.] 

VI.  Piinisiimeiit  of  Treason.  —  We'  have  seen  that 
Congress  may  declare  the  punishment  of  treason,  but  the 
framers  of  the  constitution  liave  wisely  defined  treason 
and  placed  restrictions  upon  the  extent  and  severity  of  its 
punishment.  The  harsh  rules  of  the  English  law,  by 
which  the  punishment  of  treason  was  visited  upon  the 
children,  and  even  upon  the  distant  descendants,  of  a  per- 
son, were  very  obnoxious  to  the  more  enlightened  minds. 
Hence,  Congress  is  prohibited  from  making  the  punish- 
ment of  treason  extend  beyond  the  life  of  the  traitor. 

VII.  New  States.  —  While  Congress  has  been  clothed 
with  the  sole  power  to  admit  new  states,  its  power  is 
not  unlimited.  The  smaller  states  were  afraid  that  the 
superior  iniluence  of  the  larger  states  might  result  in  the 
consolidation  of  several  small  ones  into  one  large  one,  or 
in  the  annexation  of  a  small  one  to  a  larger  neighbor.  At 
the  same  time,  the  larger  states  Avere  equall}'  afraid  that 
the  influence  of  the  smaller  states,  if  combined,  might  re- 
sult in  a  division  of  the  larger  ones.  In  order  to  allay 
these  fears,  the  constitution  forbids  the  formation  of  a 
new  state  l)y  the  division  of  any  state,  or  by  the  con- 
solidation of  two  or  more  states,  or  of  portions  of  states. 


THE  LEGISLATIVE   DEPARTMENT.  •     121 

without  the  consent  of  the  legislatures  of  all  the  states 
interested,  as  well  as  of  Congress.     [Art.  IV.,  sec.  1.] 

VIII.  Suutlries.  —  In  the  Bill  of  Rights,  the  student 
will  find  other  restrictions  upon  the  powers  of  Congress, 
—  concerning  the  establishment  of  a  state  religion,  the 
abridgement  of  the  freedom  of  speech,  of  the  press,  of 
poi)ular  assemblies,  and  the  exercise  of  religious  belief, 
and  others.    These  are  fully  treated  in  the  proper  chapter. 

GENERAL  PROVISIONS  CONCERNING  CONGRESS. 

I.  Compensation.  —  When  we  serve  individuals  in  any 
way,  we  expect  to  be  paid  for  such  service.  There  does 
not  seem  to  be  any  reason  wliy  any  one  should  be  expected 
to  serve  the  public  without  pay.  In  England,  the  mem- 
bers of  Parliament  are  not  paid.  As  a  necessary  result, 
none  but  the  rich  can  afford  to  be  elected  to  that  body. 
As  another  result,  the  legislation  of  Parliament  is  neces- 
sarily by,  and  for  the  benefit  of,  the  rich.  The  framers  of 
the  constitution  were  not  ignorant  of  the  results  of  the 
non-payment  of  members  of  the  English  Parliament,  and 
they  wisely  arranged  that  the  same  results  should  not  be 
seen  in  the  new  government.  The  members  of  Congress 
are  paid  a  salary  of  live  thousand  dollars  a  year,  and 
twenty  cents  a  mile  traveled,  as  expenses  of  going  to 
and  returning  from  the  sessions.  The  amount  is  fixed 
by  general  law,  and  is  paid  out  of  the  national  treasury. 
[Art.  I.,  sec.  6.] 

II.  Appointment  of  Members  to  Office.  —  There  is 
another  provision  of  some  importance ;  this  is,  that  no 
member  of  either  house  of  Congress  shall  be  elected  or 
appointed  to  any  civil  office  under  the  United  States,  dur- 


122  THE   LEGISLATIVE   DEPARTMENT. 

ing  the  term  for  which  he  was  elected  to  serve  as  member 
of  Congress,  if  that  civil  office  had  been  created,  or  its 
compensation  had  been  increased,  during  his  service  as 
member  of  Congress.  This  provision  was  inserted,  evi- 
dently, out  of  a  zealous  regard  for  the  best  interests  of 
the  public,  and  in  rebuke  of  a  practice  in  England  of 
making  an  office  for  a  favorite  of  the  king,  [Art.  I., 
sec.  6,  2.] 

III.  Violators  of  Official  Oaths.  —  In  the  fourteenth 
amendment,  adopted  since  the  war  of  1861-65,  it  is 
provided  that  no  one  can  be  a  member  of  either  house  of 
Congress,  who,  as  member  of  Congress,  or  as  an  officer 
of  the  United  States,  or  as  a  member  of  the  legislature  of 
any  state,  or  as  an  executive  or  judicial  officer  of  a  state, 
had  taken  an  oath  to  support  the  constitution  of  the 
United  States  and  had  afterwards  engaged  in  insurrection 
or  rebellion  against  the  nation,  or  had  given  aid  or  comfort 
to  the  nation's  enemies.  This  disability  may  be  removed 
by  a  vote  of  two-thirds  of  each  house  of  Coiigress. 

IV.  Oath  of  Office.  —  Before  entering  upon  the  duties 
of  office,  each  member  of  Congress  must  take  an  oath,  or 
affirmation,  to  support  the  constitution  of  the  United 
States.     [Art.  VI.,  sec.  3.] 

V.  Vacancies.  —  If  a  vacancy  occurs  in  the  office  of 
senator,  during  the  session  of  the  state  legislature,  a  sue-' 
cessor  is  elected  at  once.  If  the  legislature  is  not  in 
session,  the  governor  may  fill  the  vacancy  b}"  appoint- 
ment. Such  appointee  shall  serve  oidy  to  the  next  session 
of  the  legislature.  In  case  of  a  vacancy  in  office  of  mem- 
ber of  the  House  of  Ilepresentatives,  the  governor  calls 
a  special  election  for  filling  the  vacancy. 


ADMINISTRATIVE   DEPARTMENT.  123 


CHAPTER   VIII. 

A  DMINIS  TRA  TI VE   DEPA  R  TMENT. 

This  is  usually  called  the  Executive  Department.  As 
we  shall  see  under  the  next  title,  there  is  another  depart- 
ment charged  with  the  special  duty  of  enforcing,  or  exe- 
cuting, the  laws.  The  chief  duty  of  the  administrative 
department  is  to  manage  the  affairs  of  the  government. 
Its  head  is  the  representative  of  the  nation  in  its  inter- 
course with  foreign  nations,  and  indirectly  so  in  its  inter- 
course with  the  states.  The  student  has  learned,  probably, 
that  the  governor  is  simply  one  of  a  half-dozen  executive 
officers  of  a  state,  each  of  whom  is  elected  by  the  people, 
and  has  duties  of  his  own  which  he  must  perform  accord- 
ing to  his  own  judgment.  Each  is  independent  of  all  the 
others,  —  even  of  the  governor. 

The  governor,  who  is  called  the  head  of  the  execu- 
tive department,  is  hardly  more  than  a  co-ordinate  officer, 
but  with  duties  of  a  more  general  and  responsible  charac- 
ter than  those  of  the  others,  and  wJio  occupies,  in  popular 
appreliension,  the  highest  position  of  honor.  He  has  very 
little,  if  any,  control  of,  or  responsibility  for,  the  conduct 
of  his  fellows.  In  the  national  government,  this  is  differ- 
ent. The  President  is  endowed  with  powers  and  authori- 
ties often  more  than  those  possessed  by  the  ruler  in  a 
limited  monarchy.  He  appoints  all  the  numerous  officers, 
Avith  consent  of  the  Senate,  that  are  needed  in  the 
administrative  and  judicial   departments.     Those  of  the 


124  ADMINISTRATIVK    DET»ART?>rBNT. 

administrative  departments,  and  a  large  portion  of  those 
of  the  judicial  department,  are  responsible  to  him  alone, 
except  for  such  misconduct  as  would  subject  them  to 
impeachment  or  indictment  for  crimes.  The  people  hold 
him  responsible  for  the  good  conduct  of  all  officers  of  his 
appointment.  His  power  is  so  great  that  he  might  tiy  to 
dictate  to  Congress,  and  sometimes  with  success.  In  a 
state,  ordinarily,  the  legislative  department  is  the  most 
important;  in  the  nation,  the  administrative  department 
is  the  most  important.     The  head  of  this  department  is 

THE   PRESIDENT. 

How  Elected.  —  In  every  year  divisible  by  four  each 
state  elects,  or  appoints,  as  many  electors  as  the  whole 
number  of  senators  and  members  of  Congress  to  which  it 
is  entitled.  No  member  of  either  house  of  Congress,  and 
no  one  else  holding  an  office  of  trust  or  profit  under  the 
United  States,  can  be  an  elector.  The  constitution  gives 
to  each  state  the  power  to  appoint  these  electors  in  any 
manner  that  it  may  choose,  but  the  people  of  the  states 
usually  elect  them.  Two  or  three  states,  for  a  time, 
appointed  the  electors  through  the  legislature,  but  none 
do  so  now.  The  electors  are  elected  in  all  the  states  upon 
the  same  day,  which  is  the  first  Tuesday  after  the  first 
Monday  of  November.  On  the  second  Monday  of  Janu- 
ary following,  the  electors  of  each  state  meet  at  the  capi- 
tal of  the  State,  and  cast  their  ballots  for  President  and 
Vice-President.  They  then  make  out  three  lists  of  all 
the  persons  who  received  votes  for  President,  and  the 
number  of  votes  which  each  received,  and  also  lists  of 
votes  for  Vice-President.  These  lists  are  signed  by  all  the 
electors,  and  sealed.     One  list  is  deposited  with  the  judge 


ADMIlSISTliATlVE   DEPAllTMENT.  125 

of  the  District  Court  in  whose  territory  the  capital  of  the 
state  is  situated;  another  list  is  sent  b}' special  messenger 
to  the  President  of  the  United  States  Senate,  and  one  by 
mail.  On  the  second  Wednesday  of  February,  following, 
the  two  houses  of  Congress  meet  in  joint  convention. 
The  lists  of  votes,  sent  in  from  the  several  states,  are  then 
opened,  and  the  votes  for  each  candidate  tabulated  and 
counted.  If  any  person  has  received  a  majority  of  all  the 
votes  cast  for  President,  that  person  is  declared,  by  the 
President  of  the  Senate,  to  be  duly  elected  President  of 
the  United  States.  The  votes  for  Vice-President  are 
counted  in  the  same  way,  and  the  result  announced.  If 
no  one  person  has  a  majority  of  all  the  votes  cast  for  Presi- 
dent, the  three  persons  having  the  highest  number  of 
votes  are  selected,  and  from  those  three  the  House  of 
Representatives  elects  a  President.  In  such  election,  each 
state  has  a  single  vote,  —  a  majority  of  the  members  from 
a  state  casting  the  vote  of  that  state.  If  the  members 
of  the  House,  from  any  state,  are  evenly  divided,  or  so 
divided  that  a  majority  of  them  do  not  vote  for  one 
man,  the  vote  of  that  state  is  not  counted.  The  votes  of 
a  majority  of  states  are  necessary  to  elect.  This  election 
must  take  place  before  the  fourth  day  of  ]\Iarch  following 
the  election  of  electors  in  November.  The  President  takes 
liis  office  on  the  fourth  day  of  ]\Iarch.  In  like  manner,  if 
no  person  has  a  majority  of  the  votes  cast  for  Vice-Presi- 
dent, the  Senate  immediately  proceeds  to  the  election  of  a 
Vice-President,  making  the  selection  from  the  two  persons 
who  had  received  the  highest  number  of  votes  for  that 
office.  At  this  election,  two-thirds  of  the  whole  number 
of  senators  must  be  present,  and  a  majority  of  the  whole 
number  of  senators  is  necessarv  to  a  choice. 


The  Electoral  Count.  —  When  Congress  is  in  joint  con- 
vention to  witness  the  opening  and  declaration  of  the  cer- 
tificates of  the  electors  of  the  several  states,  any  member 
may  object  in  writing  to  the  receipt  of  the  return  from  any 
state.  If  objections  are  thus  made,  the  houses  must  sepa- 
rate and  at  once  coiisider  and  act  upon  them.  On  reas- 
sembling, their  decision  is  announced.  If  there  is  but  one 
return  from  a  state,  that  must  be  counted,  unless  it  is 
decided  by  both  the  separate  and  joint  action  of  the  two 
houses  that  it  was  not  regularly  made. 

If  there  is  more  than  one  return  from  a  state,  and  if  the 
highest  judicial  tribunal  of  that  state  has  endorsed  the 
regularity  of  one  of  them,  that  one  is  to  be  received  and 
counted.       If  there  is  a  conflict  of  state  tribunals  as  to 

who  are  the  true  and  lawful  electors,  the  vote  of  the  state 

« 

will  not  be  counted,  unless  both  houses,  acting  first  sepa- 
rately and  then  jointly,  agree  upon  which  is  the  regular 
return. 

If  there  is  more  than  one  return,  and  the  state  tribunal 
has  not  decided  which  one  is  regular,  the  one  having  the 
certificate  of  tlie  state  executive  under  seal  shall  be  re- 
ceived and  counted,  unless  both  houses  separately  and 
concurrently  reject  it. 

Also  if  neither  return  has  the  endorsement  of  the  state 
tribunal  or  of  the  executive,  and  no  decision  can  be  reached 
by  both  houses  in  the  same  manner  as  before  as  to  which 
return  is  regular,  the  state  loses  its  vote. 

Qualifications.  —  A  President,  at  the  time  of  his  elec- 
tion, must  be  thirty-five  years  of  age,  must  be  a  native- 
born  citizen,  and  must  have  been  fourteen  years  resident 
within  the  United  States.  There  has  been  no  decision  of 
the  Courts,  or  of  Congress,  construing  this  last  qualifica- 


ADMINISTRATIVE   DEPARTMENT.  127 

tion.  A  loose  construction  would  allow  a  native-born 
citizen,  who  had  resided  continuously  out  of  the  United 
States  since  he  became  fourteen  years  of  age,  and  had 
retained  his  citizenship  here,  to  be  elected  President.  A 
more  strict  construction  would  render  a  man  ineligible 
unless  he  had  resided  within  the  United  States  durinof  the 
fourteen  years  immediately  preceding  his  election.  The 
strict  construction  would  seem  to  be  the  more  reasonable 
one,  as  it  is  very  important  that  the  highest  officer  of  the 
government,  one  wielding  such  extensive  authority,  should 
be  in  the  fullest  and  deepest  sympathy  and  accord  with 
the  thought,  the  sentiment,  manners,  and  notions  of  the 
people.  It  is  known  that  people  naturally  fall  into  sym- 
pathy with  the  habits  of  thought  and  of  manner,  as  well 
as  political  and  social  sentiments,  of  those  by  whom  they 
are  surrounded,  and  with  whom  they  associate,  especially 
if  the  association  is  voluntary.  But  it  is  generally  the 
boast  of  our  citizens  that  they  return  from  foreign  resi- 
dence or  travel  better  Americans  than  ever.  Opportuni- 
ties to  compare  foreign  institutions  with  ours  increases 
their  love  of  country. 

Oath  of  Office.  —  The  constitution  provides  that,  before 
entering  upon  the  duties  of  his  office,  the  President  shall 
take  an  oath,  or  affirmation,  in  these  Avords :  — 

"  I  do  solemnly  swear  (or  alhrm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States,  and 
will,  to  the  best  of  my  ability,  preserve,  protect,  and  defend 
the  constitution  of  the  United  States." 

Salary.  —  The  President  receives  a  salary  of  fifty  thou- 
sand dollars  a  year,  and  he  is  prohibited  receiving  any 
other  compensation  from  the  United  States,  or  from  any  of 
the  states.     His  salary  cannoli  be  increased  or  diminished 


128  ADMINISTRATIVE   DEPARTMENT. 

during  the  term  for  which  he  has  been  eleated.  In  addi- 
tion to  his  salary,  he  resides  in  a  buikling  owned  by  the 
government,  without  payment  of  rent,  and  a  hirge  share 
of  the  expenses  of  his  household  is  paid  by  the  government. 
Powers.  —  1.  He  is  commander-in-chief  of  the  army  and 
navy  of  the  United  States,  and  also  of  the  militia  when  it 
has  been  called  into  active  service.  So  far,  in  the  history 
of  the  nation,  the  President  has  .never  taken  the  field  in 
active  command  of  the  army,  but  lie  has  directed  opera- 
tions by  sea  and  land,  through  the  generals  and  admirals, 
from  his  office  at  Washington. 
^  2.  He  nominates  ambassadors  to  foreign  courts,  and  min- 
isters and  consuls  in  the  diplomatic  service,  the  judges  of 
the  United  States  courts,  heads  of  departments,  and  all 
the  other  officers  of  the  United  States,  except  some  infe- 
rior officers  wdiose  appointment  is  vested  by  law  in  the 
heads  of  the  departments  or  in  the  courts.  When  the 
Senate  has  confirmed  the  nominations,  the  appointments, 
are  made  and  oljjections  issuedrViv^*^^^-**^  db^/MJvM^-'tfcbCOv! 

3.  He  makes  treaties  with  foreign  powers.  These  must 
be  confirmed  by  the  Senate  before  they  become  valid. 

4.  Ht3  may  grant  pardons,  reprieves,  and  commutation 
of  sentence  for  offenses  against  the  United  States,  except 
in  case  of  impeachment. 

5.  At  the  beginning  of  each  session  of  Congress,  regular 
or  special,  he  sends  a  message,  a  copy  to  each  house,  giv- 
ing to  Congress  a  more  or  less  detailed  statement  of  his 
ofiicial  acts,  and  of  the  condition  of  affairs  in  all  the  depart- 
ments of  the  public  service,  and  recommends  such  measures 
of  legislation  as  he  deems  necessary  or  desirable.  He  also 
furnishes  to  Congress  information  concerning  his  ofiicial 
acts  and  those  of  his  subordinates  whenever  called  upon 


ADMIXISTKATIVP:    DEPARTMENT.  129 

by  Congress.  .  It  is  customary  for  him  to  do  so  upon  the 
request  of  either  house,  or  of  one  of  its  committees. 

(3.  In  case  of  emergency,  he  may  call  extra  sessions  of 
Congress  or  of  either  house  ;  and  whtin  the  two  houses 
cannot  agree,  at  any  time,  upon  the  time  of  adjournment, 
he  may  adjourn  them  to  such  time  as  he  shall  deem  best. 

7.  As  the  Representative  of  the  Republic,  he  receives 
ambassadors  and  other  ministers  from  foreign  nations. 

The  Presidential  Siicoessiou.  —  The  powers  and  duties 
of  the  President  devolve  upon  the  Vice-President  in  case 
of  the  removal,  resignation,  inability,  or  death  of  the  Presi- 
dent. 

Should  tjie  Vice-President,  after  becoming  President,  be 
removed,  resign,  be  unable  to  perform  the  duties  of  the 
olHce,  or  die,  then  the  duties  would  devolve  upon  the  Cabi- 
net officei's  in  the  following  order :  first,  upon  the  Secre- 
tary of  State  ;  and  then,  in  like  manner,  upon  the  Secretary 
of  the  Treasury,  Secretary  of  War,  Attorney-General,  Post- 
master-General, Secretary  of  the  Navy,  and  the  Secretary 
of  the  Interior. 

If  there  were  no  Secretary  of  State,  or  if  the  one  ap- 
pointed had  not  been  confirmed  by  the  Senate,  then  the 
ofiiee  would  pass  to  the  Secretaiy  of  the  Treasury  if  there 
were  one  and  he  were  not  under  the  same  disability,  and 
so  on  through  the  list.  To  succeed  to  the  ofiiee,  the  Cabi- 
net ofiicer  must  have  all  the  qualifications  required  by  the 
constitution  for  President.  If  Congress  is  not  in  session 
when  a  Cabinet  ofiicer  thus  becomes  acting  President,  and 
if  it  would  not  meet  in  regular  session  within  twenty  days, 
it  is  made  his  duty  to  issue  a  proclamation  for  an  extraor- 
dinary session,  giving  twenty  days'  notice  of  the  time  of 
meeting. 


130  ADMINISTRATIVE   DEPARTMENT. 


CHAPTER   IX. 

ADMINISTRA  TIVE   DEPARTMENT.  —  Continued. 
THE    DEPARTMENTS. 

To  assure  a  more  orderly,  systematic,  and  economic 
administration  of  the  government,  its  officers  are  classified, 
each  class  having  to  deal  with  a  separate  group  of  subjects. 
These  subjects  are  as  follows :  Foreign  Affairs,  Finances, 
Army,  Navy,  Miscellaneous  Matters  of  Domestic  Adminis- 
tration, Post-office,  Legal  Construction  and  Advice.  In 
common  terms,  these  are  known  as  the  departments  of 
State,  Treasury,  War,  Navy,  Interior,  Post-office,  and  Jus- 
tice. Each  department  is  presided  over  by  a  chief,  who  is 
called  a  Secretary  of  the  department,  in  all  but  two,  —  the 
Post-office  and  Justice  ;  these  are  called  Postmaster-General 
and  Attorney-General.  Each  has  such  assistants,  subordi- 
nate officers,  and  clerks  as  are  needed.  The  constitution 
makes  no  provision  for  this  subdivision  of  the  administra- 
tive department,  except  in  the  most  general  way,  referring 
to  it  in  Article  II.,  section  two,  where  it  authorizes  the 
President  to  require  the  opinion,  in  writing,  of  the  princi- 
pal officer  in  each  of  the  executive  departments,  upon  any 
subject  relating  to  the  duties  of  his  office.  These  depart- 
ments were  created  and  their  limits  defined  by  Congress. 
Collectively,  the  heads  of  these  departments  are  usually 
called  the  Cabinet  of  the  President. 


ADMINISTKATIVE   DEPARTMENT.  131 

DEPARTMENT   OF   STATE. 

This  department  was  created  July  27,  1789,  at  the  he- 
gininiig  of  the  government.  At  first  it  was  styled  ^  The 
Department  of  Foreign  Affairs,"  but  it  includes,  as  will 
be  seen,  some  duties  not  related  to  foreign  affairs,  and  the 
name  was  changed  to  its  present  one.  The  Secretary  of 
State  has  charge  of  the  correspondence  with  our  own 
ambassadors,  ministers,  and  consuls  sent  to  foreign  na- 
tions, and  with  the  like  officers  of  other  nations  sent 
to  this  country.  The  department  is  divided  into  eight 
bureaus,  each  with  a  distinct  branch  of  the  work. 

1.  The  DiPLO^rATic  Bureau  has  charge  of  all  corre- 
spondence with  our  own  diplomatic  agents,  or  those  of 
other  nations  in  respect  to  the  relations  of  this  nation  to 
the  others.  The  United  States  keeps  a  ^linister  Pleni- 
potentiary at  the  more  important  capitals,  and  a  Minister 
Resident  at  the  lesser  ones.  The  difference  between  the 
two  classes  of  ministers  is  mostly  one  of  rank  and  salary, 
the  ^Ministers  Plenipotentiary  being  of  the  first  or  highest 
rank,  and  the  INIinisters  Resident  being-  of  the  second  rank. 
The  authority  given  to  those  of  the  first  rank  is  usually, 
though  not  always,  greater  than  that  given  to  those  of  a 
lower  rank.  The  nations  named  keep  a  minister  of  like 
grade  at  Washington.  Oftentimes,  upon  special  occasions, 
the  government  sends  a  special  agent  to  another  nation,  to 
act  either  independently  of  the  minister  or  in  conjunction 
with  him.  Through  these  ministers  and  special  agents,  all 
the  diplomatic  correspondence  is  conducted,  and  all  the 
international  business  done. 

2.  The  Coxsulak  Bureau  has  charge  of  the  corre- 
spondence with  the  consids  and  other  commercial  agents, 


182  ADMINISTRATIVE   DEPAKTMENT. 

with  instructions  sent  to  them  and  reports  received  from 
them.  These  consuls  and  commercial  agents  of  the  gov- 
ernment reside  at  such  foreign  cities  as  have  commerce 
with  the  United  States.  They  inspect  the  goods  to  be 
sent  to  the  United  States,  compare  them  with  the  invoices, 
and  certify  to  the  character  of  the  goods  and  to  the  cor- 
rectness of  the  invoices.  They  look  out,  also,  for  attempts 
to  smuggle  goods  to  the  United  States,  and  attend  to  such 
other  matters  connected  with  the  foreign  commerce  of  the 
United  States  as  may  be  required.  They  examine  the 
clearance  papers  ,of  vessels  under  our  flag,  and  settle  dis- 
putes between  seamen  and  captains.  In  China,  Japan, 
and  Turkey,  they  are  authorized  to  try  American  citizens 
for  crimes  committed  by  them  in  those  countries. 

3.  The  Bureau  of  Drsbursement  attends  to  the 
accounts  of  all  the  officers  and  agents  under  the  control 
of  the  department. 

4.  The  Bureau  of  Appointments  and  Commis- 
sions makes  out  messages  of  nomination,  commissions, 
letters  of  appointment,  and  other  records  connected 
with  the  appointment  of  the  officers  of  the  govern- 
ment. The  liljrary  of  the  department  is  in  charge  of 
this  bureau. 

5.  The  Bureau  of  Rolls  and  Archives  keeps  the 
originals  of  all  the  acts,  resolutions,  and  orders  of  Con- 
gress, has  charge  of  the  publication  and  distribution  of 
the  laAvs,  the  treaties,  and  the  constitutional  amendments. 
The  laws,  resolutions,  and  orders  of  Congress  are  pub- 
lished in  book-form,  at  the  close  of  each  session,  and  are 
distril)uted  to  the  principal  officers  of  the  government  at 
home  and  abroad,  in  order  that  the  officers  may  know  the 
laws  and  their  duties  under  them. 


ADMINISTRATIVE    DEPARTMENT.  133 

6.  The  Bureau  of  Authentication  lias  the  custody 
of  the  Great  Seal  of  the  government,  and  of  tlie  seal  of  the 
department.  It  prepares  and  certifies  to  all  copies  of  laws, 
resolutions,  or  orders  of  Congress,  and  of  all  other  official 
papers,  and  attaches  the  seal  of  the  department  to  sucli 
certification,  and  the  Great  Seal  to  all  proclamations  of 
the  President,  and  to  such  other  papers  as  require  it. 

7.  The  Bureau  of  Pardons  and  Passports  has  con- 
trol of  all  papers  and  letters  concerning  pardons,  reprieves, 
and  commutations  issued  by  the  President.  It  also  issues 
passports,  and  keeps  records  of  the  same.  Persons  travel- 
ing in  foreign  countries  frequently,  and  in  some  countries 
always,  need  passports,  which  are  letters  from  the  govern- 
ment, describing  the  persons  who  carry  them,  certifying 
that  they  are  citizens  of  the  United  States,  and  are  entitled 
to  all  the  rights  which  are  accorded  to  citizens  of  the 
United  States  by  treaty,  or  by  the  customs  of  nations. 

8.  Translators.  The  department  is  obliged  to  keep 
skilled  linguists  in  its  employment  in  order  to  furnish  to 
the  head  of  the  department  translations  of  communications 
from  non-English  speaking  nations. 

Each  of  these  bureaus  is  under  the  charge  of  a  chief,  or 
clerk,  with  such  subordinates  as  are  needed. 

Some  of  the  greatest  statesmen  named  in  American  his- 
tory have  occupied  the  office  of  Secretary  of  State,  —  an 
office  requiring  the  greatest  prudence  and  tlie  most  skilful 
diplomacy.  The  first  occupant  of  the  office  Avas  Thomas 
Jefferson.  Since  him  have  followed  John  jNIarshal,  John 
Quincy  Adams,  Henry  Clay,  Daniel  Webster,  John  C. 
Calhoun,  Edward  Everett,  William  II.  Seward,  James  G. 
Blaine,  and  Thomas  F.  Bayard. 


134  .  ADMINISTHATIVE  DEPARTMENT. 


CHAPTER   X. 

ADMINISTRA  TIVE  DEPA  R  TMENT.  —  Continued. 

DEPARTMENT    OP    THE    TREASURY. 

This  department  was  created  by  the  first  Congress, 
July  27 ,  1789.  It  is  charged  with  the  execution  of  nearly 
all  the  laws  relating  to  tlie  raising  of  revenue  and  to  the 
disbursement  of  the  public  money ;  the  rules  concerning 
commerce  and  navigation,  the  survey  of  the  coasts,  the 
establishment  and  care  of  the  light-house  system  and  the 
marine  hospitals,  the  control  and  supervision  of  the 
national  banks,  the  coinage  of  money,  and  the  collection 
of  duties  and  internal  revenue,  —  all  belong  to  this  depart- 
ment. 

This  department,  also,  is  subdivided  into  bureaus,  each 
of  which  has  a  head  officer,  and  such  other  assistants  as 
are  needed.  It  has  three  Comptrollers,  a  Commissioner 
of  Customs,  a  Commissioner  of  Internal  Revenue,  six  Au- 
ditors, a  Treasurer,  a  Register,  a  Solicitor,  a  Supervising 
Architect,  and  a  Special  Commissioner  of  Revenue.  In 
addition,  the  collectors  are  numerous.  For  internal  rev- 
enue there  is  one  collector  for  each  district  into  which  the 
country  is  divided.  For  impost  revenue,  the  country  is 
divided  into  one  hundred  three  customs-districts,  in  each 
of  which  is  a  city  or  town  through  which  foreign  goods 
are  brought  into  the  United  States.  In  each  district  is  a 
collector,  appraisers,  examiners,  special  agents,  and  clerks, 


ADMINISTRATIVE   DEPARTMENT.  135 

if  necessary,  to  examine  the  goods  imported,  to  compare 
them  with  the  invoices,  estimate  the  qualities  and  values 
of  goods,  and  to  determine  what  duty  should  be  paid  upon 
them.  Such  of  these  cities  where  goods  are  entered  as  are 
situated  upon  the  boundary  line  of  the  nation  are  called 
ports  of  entry.  If  they  are  situated  inland,  the  goods  may 
be  transported  directly  to  them,  in  bond,  and  the}'  are 
called  ports  of  delivery. 

The  division  of  work  in  the  department,  at  Washington, 
is  as  follows :  — 

1.  The  First  Comptroller  prescribes  the  method  of 
keeping  and  reporting  the  accounts  of  the  civil  and  diplo- 
matic service  and  of  the  public  lands.  He  revises  and 
certifies  these  accounts,  and  none  can  be  paid  without  his 
certification. 

2.  The  Second  Comptroller  prescribes  the  method 
of  keeping  and  reporting  the  accounts  of  the  army  and 
navy  and  of  the  Indian  bureau.  He  revises  and  certifies 
these  accounts,  and  none  can  be  paid  without  his  certifica- 
tion. 

3.  The  Comptroller  of  the  Currency  has  imme- 
diate charge  of  the  execution  of  the  laws  relating  to  the 
paper  currency  of  the  nation,  to  the  national  banks,  and 
to  their  currency.  He  examines  these  banks  periodically 
and  as  often  as  he  deems  it  necessary,  in  person  or  b}'  spe- 
cial agents.  The  plates  from  which  the  paper  currency  is 
printed  are  kept  in  his  office.  His  annual  report  shows 
the  condition  of  each  national  bank,  its  circulation,  de- 
posits, and  amount  and  kind  of  investments. 

4.  The  Six  Auditors  hear  and  determine  all  claims 
and  accounts  for  disbursements  under  the  appropriations 
of  Congress  for  pay  and  expenditures  of  the  several  de- 


130  ADMINISTUATIVE   DEPARTMENT. 

partments,  as  follows :  (a)  Finst  Auditor^  of  the  civil  ser- 
vice list  and  private  acts.  (6)  Seco7id  Auditor^  of  the  pay, 
clothing,  and  recruiting  of  the  army,  armories,  arsenals, 
ordnance,  and  Indian  service.  (<?)  Third  Auditor,  of  sub- 
sistence of  the  army,  fortifications,  military  academy,  mili- 
tary roads,  quartermaster's  department,  pensions,  and  mili- 
tary claims,  (t?)  Fourth  Auditor,  of  the  navy,  (e)  Fifth 
Auditor,  of  the  diplomatic  service,  whether  regtdar  or  spe- 
cial. (/)  Sixth  Audito7\  of  the  post-office  department. 
In  addition  to  his  regular  duties  as  Auditor,  he  also  assists 
the  Postmaster-General  in  the  collection  of  debts  and  pen- 
alties due  from  contractors  of  the  department,  directs  and 
attends  to  suits,  civil  and  criminal,  needed  in  the  depart- 
ment, and  has  charge  of  the  lands  and  other  property  ob- 
tained in  settlement  of  debts  and  penalties. 

5.  The  Treasurer  has  immediate  charge  of  all  the 
public  money  of  the  nation ;  the  money  is  kept  in  several 
places.  He  has  a  vault  in  his  office  at  Washington,  and 
there  is  one  each,  at  Philadelphia,  New  York,  Boston, 
Cincinnati,  and  Chicago ;  at  each  place  is  a  sub-treasurer 
under  his  control.  The  money  is  paid  out  at  any  sub- 
treasury  upon  the  order  of  the  Secretary  of  the  Treasury 
and  of  the  Postmaster-General. 

0.  The  Register  keeps  the  accounts  of  the  public 
receipts  and  expenditures  and  the  statistics  of  the  navi- 
gation and  commerce  of  the  nation. 

7.  The  Coast-survey  is  in  charge  of  an  officer  who 
is  called  a  Superintendent.  This  survey  is  for  the  purpose 
of  ascertaining  the  exact  shape  and  measurements  of  the 
coast,  and  the  depth  of  the  water  at  all  places  on  the 
coast.  The  results  of  this  survey  are  very  important  to 
the  coasting  trade. 


ADMINISTRATIVE    DEPARTMENT.  137 

8.  The  Commissioner  op  Customs  prescribes  the 
method  of  keeping  and  of  reporting  the  accounts  of  the 
custom-houses,  and  has  charge  of  the  expenditures  for 
erecthig  and  repairing  the  buildings  used  in  the  customs- 
service. 

9.  The  Commissioner  of  Internal  Revenue  lias 
tlie  general  supervision  of  all  matters  connected  with  tlie 
enforcement  of  the  tax  laws. 

10.  The  Special  Commissioner  of  the  Revenue 
is  required  to  investigate  and  study  the  principles  and 
sources  of  revenue,  the  best  method  of  levying  and  col- 
lecting taxes,  the  administration  of  the  revenue  laws,  and 
the  relations  of  foreign  trade  to  domestic  industry. 

11.  The  Solicitor  of  the  Treasury  has  general 
charge  of  all  the  litigation  connected  with  the  adminis- 
tration of  the  laws  under  which  the  department  acts. 

12.  Bureau  of  Statistics.  In  the  Treasury  Depart- 
ment is  a  bureau  called  the  bureau  of  statistics.  Its  duty 
is  to  collect,  arrange,  and  classify  such  information  as  may 
be  procured,  showing  the  condition  of  agriculture,  manu- 
facturing industry,  domestic  commerce,  the  currency,  and 
banks,  markets,  transportation,  and  wages,  and  the  com- 
merce and  navigation  of  the  United  States  with  foreign 
nations.  Its  annual  reports  include  condensation  and 
classification  of  the  business  of  government  officers,  banks, 
railroads,  steamships,  and  whatever  information  it  can 
obtain  from  private  sources. 


138  ADMINISTKATIVE  DEPARTMENT. 


CHAPTER    XL 

A  DMINIS TRA  TI VE   DEPA  R  TMENT.  —  Continued. 
DEPARTMENT   OF   THE   TREASURY.— Co?! i/?iued. 

The  Revenue  System.  —  Customs-Revenue.  As  we 
have  learned  already,  revenue  is  derived  from  foreign-made 
goods  which  are  brought  into  the  United  States.  For  the 
purpose  of  raising  revenue  from  this  source,  Congress 
makes  a  list  of  all  goods,  or  articles  of  merchandise,  upon 
which  it  desires  to  levy  a  duty,  and  against  each  article,  as 
named,  it  places  a  sum  of  money,  or  a  rate  per  cent.  To 
illustrate :  If  a  certain  sum  of  money  is  placed  opposite 
an  article,  such  article  is  to  pay  duty  upon  a  certain  quan- 
tity to  the  amount  of  that  sum  of  money :  as,  boots,  35 
cents  a  pair ;  cheese,  4  cents  a  i)Ound ;  wheat,  20  cents  a 
bushel ;  cast  iron,  'f6  a  ton.  If  a  per  cent  is  placed  oppo- 
site the  article,  such  article  is  to  pay  duty  upon  its  valua- 
tion at  the  rate  per  cent  named:  as,  blank  books,  25%; 
carpets,  40%.  Some  articles,  as  wool,  pay  a  certain  sum 
per  pound,  and  a  rate  per  cent  upon  valuation :  as,  cloth- 
ing wool,  valued  at  32  cents  a  pound,  or  less,  pays  a  duty 
of  10  cents  a  pound,  and  11%  upon  its  valuation;  if  the 
wool  exceeds  a  value  of  32  cents  a  pound,  it  must  pay  a 
duty  of  12  cents  a  pound  and  10%  upon  its  valuation. 
This  list  is  called  a  tariff.  The  value  of  the  goods  upon 
which  the  duty  is  based  is  the  value  at  the  place  of  expor- 
tation, and  is  usually  shown  by  the  invoice  or  by  other 
evidence. 


ADMINISTIIATIVE    DEPARTMENT.  139 

The  custom-house  ofHcers  employ  experts  to  examine  the 
goods  and  to  report  upon  tlieir  value.  When  goods  arrive 
at  a  port  of  entry,  tliey  are  examined  by  the  experts  and  by 
the  examiners,  weighed,  counted,  or  valued.  If  they  cor- 
respond with  the  invoice  and  are  found  to  be  correct,  they 
are  entered,  and  may  be  removed  upon  payment  of  the 
duty.  If  an  importer  is  found  'to  have  uadervalued  his 
goods,  or  to  have  misrepresented  their  character  or  quality, 
or  to  have  tried  to  get  them  in  without  the  payment  of 
duty,  the  goods  are  seized  and  confiscated  to  the  govern- 
ment, which  sells  them  for  the  payment  of  the  duties  due, 
and  the  surplus,  if  any,  is  placed  in  the  public  treasury. 
The  persons  thus  defrauding,  or  attempting  to  defraud,  the 
government,  may  also  be  otherwise  punished. 

This  system  of  raising  revenue  is  the  most  popular  one, 
and,  if  fairly  adjusted,  is  considered  the  best.  By  it  sums 
of  money,  very  large  in  the  aggregate,  are  collected  from 
the  consumers  of  foreign-made  goods  in  a  way  that  is  least 
noticed  and  felt  by  them.  This  system  has  been  in  use,  in 
the  United  States,  since  July  4,  1789,  when  the  first  tariff 
law  was  enacted,  upon  the  recommendation  and  approval 
of  Hamilton  and  Washington.  There  have  been  frequent 
changes  made  in  the  rate  of  duty  levied,  but  the  system 
lias  been  steadily  adhered  to  by  the  people.  This  sj'stem 
of  taxation  has  been  used  often  for  a  purpose  other  than 
that  of  raising  revenue.  The  first  tariff  law  had  a  pre- 
amble that  recited  its  purpose  to  be  to  raise  money  and  to 
encourage  and  protect  manufactures.  All  statesmen  admit 
the  great  value  of  domestic  manufactures  to  a  nation. 
They  promote  enterprise,  productive  labor,  and  division  of 
labor,  advance  wages,  increase  and  keep  at  home  the  circu- 
lating medium  of  a  country,  give  steadiness  to  industry 


140  ADMINISTRATIVE   DEPARTMENT. 

and  commerce,  and  lessen  the  dependence  of  a  people  upon 
foreign  nations,  — in  short,  they  add  to  the  prosperity  and 
well-being  of  a  nation. 

Internal  Revenue.  The  other  system  of  raising  rev- 
enue is  by  internal  taxation.  Upon  two  or  three  occa- 
sions, the  government  has  imposed  a  direct  tax  upon  the 
people.  This*tax  is  apportioned  to  the  states  in  propor- 
tion to  population,  and  the  states  collect  it  by  their  rev- 
enue machinery  and  pay  the  amount  to  the  national  gov- 
ernment. This  tax  was  levied  once  during  the  late  War 
of  1861-65.  At  the  same  time  a  stamp-tax  was  imposed. 
By  law,  every  deed,  note,  check,  draft,  mortgage,  will,  or 
other  legal  instrument,  had  to  i:)ay  a  tax  according  to  the 
amount  of  money  represented  by  it.  The  stam^is  were 
purchased  fiom  the  government  and  affixed  to  the  instru- 
ment taxed.  A  tax  was  also  placed  upon  the  incomes  of 
the  people.  An  income  of  less  than  one  thousand  dollars 
was  exempt.  Incomes  above  that  paid  tax  according  to 
their  amount,  beginning  with  three  per  cent  and  increas- 
ing in  rate  as  the  amount  of  the  income  increased.  An 
occupation  tax  of  ten  dollars  a  year  was  laid  upon  lawyers, 
brokers,  bankers,  insurance  agents,  and  upon  many  other 
professions,  and  upon  most  classes  of  manufacturers.  These 
taxes  have  now  been  abolished. 

There  remains  now  t)nly  the  tax  upon  the  manufacture 
and  sale  of  liquors  and  tobacco.  Whiskey  pays  a  tax  of 
ninety  cents  a  gallon  upon  its  manufacture,  and  other 
liquors,  distilled,  fermented,  and  malt,  in  proportion.  A 
tax  is  levied  upon  each  pound  of  tobacco  manufactured, 
and  upon  each  cigar.  Manufacturers  and  dealers  in  liquors 
and  tobacco  also  pay  an  occupation  tax,  collected  annually. 
A  tax  is  levied,  also,  u})on  tlie  circulation  of  state  banks 


ADMINISTRATl\rE   DEPARTMENT.  141 

and  private  banks,  but  the  tax  is  so  high  as  to  prevent  all 
such  circulation,  which  was  the  object  of  the  tax.  National 
banks  still  pay  a  tax,  but  it  is  little,  if  any,  more  than 
sufficient  to  repay  the  government  for  its  supervision  of 
them. 

These  taxes  are  collected  by  the  internal  revenue  col- 
lector for  the  district  in  which  the  goods  are  made,  or  in 
which  the  dealer  does  business.  As  in  the  case  of  custom- 
house collections,  the  government  employs  special  agents 
and  experts  to  see  that  no  frauds  are  committed  by  the 
manufacturer  or  dealer. 

The  collection  of  internal  revenue  taxes  as  imposed 
during  the  civil  war  i-equires  such  an  inquiry  into  the 
private  business  of  the  citizen  that  the  system  has  always 
been  unpopular. 


142  ADMINISTRATIVE   DEPARTMENT. 


CHAPTER   XII. 

A DMINIS TRA  TI VE   DEPA  R  TMENT.  —  Conlin ued. 
DEPARTMENT   OF   THE   TREASURY.  —  r'o»<ni«e(/. 

A  Lig-ht-house  Board  consists  of  the  Secretary  of  the 
Treasury  and  six  others,  appointed  by  the  President.  This 
board  has  charge  of  the  administration  of  duties  relating 
to  tlie  construction,  the  luniination,  inspection,  and  super- 
intendence of  light-houses,  light-vessels,  beacons,  buoys, 
and  seamarks.  All  these  are  provided  by  the  government 
so  as  to  enable  vessels  to  avoid  rocks,  sand-bars,  and  other 
dangerous  places,  either  on  the  coast  or  at  the  entrance 
to  harbors,  or  channels  of  navigable  rivers.  An  experi- 
enced engineer  has  the  innnediate  charge  of  the  work  of 
building  them  and  of  keeping  them  in  repair.  The  coast 
of  the  United  States  is  divided  into  districts,  each  of 
which  is  in  charge  of  an  officer  of  the  United  States  navy, 
called  an  inspector.  He  has  such  subordinate  officers  and 
help  as  he  may  need  in  keeping  the  light-houses  and  light- 
ships properly  lighted  and  cared  for,  and  in  keeping  all 
the  appliances  of  this  service  in  good  order. 

The  Mint.  —  The  metal  currency  of  the  nation  is  coined 
at  a  mint.  Of  these,  the  principal  one  is  at  Philadelphia ; 
branch  mints  are  established  at  San  Francisco,  New 
Orleans,  Carson  City,  and  Denver  City ;  with  assay  offices 
at  Boise  City  and  New  York  City. 

National  Banks.  —  The  present  system  of  National 
Banks  was  established  in  1862.     These  are  private  affairs, 


ADMINISTKATIV^E   DEPARTxMENT.  143 

SO  far  as  ownership  is  concerned,  but  they  are  chartered  by 
the  United  States  and  are  somewhat  under  the  control  of 
tlie  government,  through  the  Comptroller  of  tlie  Currency 
and  the  Secretary  of  the  Treasury.  These  banks  are  owned 
by  corporations  the  same  as  state  banks,  and  each  share- 
holder is  personally  liable  for  the  debts  of  the  bank  to  the 
amount  of  the  par  value  of  his  stock.  When  a  national 
bank  desires  to  issue  notes  or  bills,  it  must  deposit  with 
the  United  States  Treasurer  bonds  of  the  United  States  to 
an  amount  not  less  than  one-third  of  its  capital  stock,  and 
will  receive  from  the  Comptroller  of  the  Currency  notes  or 
bills  to  the  amount  of  ninety  per  cent  of  the  bonds  so 
deposited.  If  the  bank  should  fail  to  pay  its  notes  or  bills 
when  presented,  the  government  will  pay  them  and  sell  the 
bank's  bonds  to  repay  itself.  The  national  banks  are 
examined  by  a  United  States  treasury  agent,  four  or  five 
times  a  year,  in  order  to  see  if  the  business  is  done  as 
directed  by  the  laws  and  by  the  rules  of  the  department. 
Whenever  the  banks  violate  the  laws,  the  government 
may  take  possession  and  close  them  up. 

The  first  Secretary  of  the  Treasury  w^s  Alexander  Ham- 
ilton, one  of  the  ablest  financiers  of  the  nation.  Many 
able  men  have  succeeded  him,  including  Albert  Gallatin, 
Thomas  Corwin,  John  A.  Dix,  Salmon  P.  Chase,  William 
Pitt  Fessenden,  and  John  Sherman. 


144  ADMIKISTKATIVE   DEPARTMENT. 


CHAPTER   XIII. 

ADMINISTRA  TIVE  DEPARTMENT.  —  Continued. 
DEPARTMENT   OF   WAR. 

This  department  was  created  at  the  beginning  of  the 
government,  in  1789.  The  Secretary  of  War  ranks  next 
to  the  President  in  military  dignity  and  authority.  He 
has  the  whole  oversight  of  the  army  and  of  its  affairs. 

The  same  subdivision  of  work  is  found  in  this  depart- 
ment as  in  the  others. 

1.  The  Adjutant-General  keeps  the  records  of  the 
army  and  issues  commissions.  All  orders  for  the  army, 
from  the  Secretary  of  War  or  froiii  the  commanding  gen- 
eral, go  through  his  office  for  registry  and  for  his  signa- 
ture. The  annual  returns  of  the  army  come  to  his  office 
for  registry,  compilation,  and  comparison. 

2.  The  Quartermaster-General  attends  to  the  pro- 
vision of  quarters,  storage,  transportation,  horses,  horse- 
equipments,  and  horse-provisions.  He  also  has  charge  of 
barracks  and  national  cemeteries. 

3.  The  Commissary-General  provides  subsistence  for 
the  troops  and  for  military  forts. 

4.  The  Paymaster-General  attends  to  the  payment 
of  the  ai-my  and  of  the  Military  Academy.  The  paymas- 
ters, who  attend  immediately  to  the  payment  of  the  army, 
act  under  his  directions. 

5.  The  Ordnance  Bureau  furnishes  and  distributes 


ADMINISTIJATIVE   DEPARTMENT.  145 

the  guns  and  aimiuniitiun  to  the  troops  and  forts,  and  has 
charge  of  armories  and  arsenals. 

6.  The  Chief  Engineer  attends  to  the  military  de- 
fenses of  the  nation,  to  the  improvement  of  rivers,  and  to 
the  surveys  relating  thereto. 

7.  The  Surgeon-General  controls  all  matters  relat- 
ing to  the  purchase  and  distribution  of  the  medicine  and 
to  the  surgery  of  the  service,  the  management  of  the  sick 
and  wounded,  and  of  the  hospitals. 

8.  The  Judge  Advocate-General  has  charge  of  all 
prosecutions  under  the  articles  of  war,  and  he  examines 
and  passes  upon  all  sentences  of  courts-martial  and  of 
military  commissions. 

9.  The  Signal  Corps  is  a  subdivision  of  the  depart- 
ment that  has  charge  of  the  signal  service  of  the  army 
while  in  active  operations.  There  are  various  devices  for 
transmitting  information  by  signals,  and  new  signals  are 
being  constantly  devised.  The  collection  and  distribution 
of  the  reports  of  the  weather  is  a  duty  assigned  to  this 
corps.  Reports  are  received  three  times  a  day  from  hun- 
dreds of  places  in  the  United  States,  giving  the  degree  of 
heat,  of  atmospheric  pressure,  the  direction  and  force  of 
the  wind,  the  condition  of  the  air,  whether  cloudy,  fair, 
raining,  snowing,  hailing,  etc.,  and  often  other  facts,  at 
each  place.  From  these  facts,  an  officer  tries  to  predict 
the  weather  at  each  place  for  the  succeeding  day,  and  that 
prediction  is  sent  by  telegraph  to  that  place.  This  branch 
of  the  service  is  yet  in  its  infancy,  and  the  [)redictions  are 
not  always  verified. 

10.  The  Arisiy.  The  officers  of  the  army  are :  Lieu- 
tenant-General,  Major-General,  Brigadier-General,  Colonel. 
Lieutenant-Colonel,  Major,  Captain,  First  Lieutenant,  and 


146  ADMINISTRATIVE   DEPARTMENT. 

Second  Lieutenant.  A  captain  lias  command  of  a  company 
of  soldiers,  whose  maximum  number  is  one  hundred.  The 
two  lieutenants  are  his  subordinates  ana  take  his  place,  in 
his  inability  to  command,  in  the  order  of  their  rank.  The 
colonel  commands  a  regiment,  and  the  lieutenant-colonel 
and  majors  are  his  subordinates,  and  take  his  place,  in  his 
inability  to  command,  in  the  order  of  their  rank.  Infantry 
regiments  have  ten  companies  and  one  major.  Cavalry 
regiments  have  twelve  companies  and  three  majors,  each 
major  having  immediate  charge  of  four  companies,  called 
a  Battalion.  The  commanding  officer  of  an  infantry  regi- 
ment has  two  assistants, — -an  adjutant,  ranking  as  a  first 
lieutenant,  who  has  charge  of  his  papers,  countersigns  his 
orders,  and  helps  make  his  reports ;  and  a  quartermaster, 
ranking  as  first  lieutenant,  who  has  charge  of  the  supplies 
for  the  regiment. 

In  cavalry  regiments,  the  quartermaster  has  charge  of  all 
the  supplies  except  the  food  for  the  men,  which  is  in  the 
charge  of  a  commissary,  ranking  as  first  lieutenant.  The 
Brigade  is  composed  of  two  regiments  or  more,  and  is  com- 
manded by  a  brigadier-general.  A  Division  is  composed 
of  two  or  more  brigades,  and  is  commanded  by  a  major- 
general.  A  Corps  is  composed  of  several  divisions.  Each 
general  has  an  adjutant-general  and  a  quartermaster-gen- 
eral, with  such  other  aids,  detailed  from  the  service,  as  he 
needs.  In  times  of  peace,  there  is  no  aggregation  of  troops 
in  brigades  or  divisions.  The  major-generals  command 
divisions  of  the  national  territory  or  departments,  and 
brigadier-generals  have  charge  of  subdivisions  thereof.  In 
time  of  war,  it  frequently  happens  that  colonels  command 
brigades  and  occasionally  divisions,  and  that  other  officers 
hold  commands  equally  above  their  rank.    The  lieutenant- 


ADMINISTRATIVE   DErAIlTMENT.  147 

general  is  the  highest  officer  at  present  provided  for  by 
the  hiw.  He  has  his  headquarters,  or  office,  at  Washington 
in  time  of  peace.  In  time  of  war,  if  he  takes  personal 
command,  his  headquarters  are  with  himself.  The  office 
of  general,  the  highest  known  in  the  history  of  American 
military  law,  has  been  filled,  but  is  now  not  in  use.  Sol- 
diers are  enlisted,  in  nearly  all  the  large  cities,  for  a  defi- 
nite length  of  time,  usually  for  five  years.  They  must  be 
sound  in  health  and  of  good  character.  The  officers  are 
appointed  from  the  graduates  of  the  Military  Academy  at 
West  Point.  They  serve  during  life  unless  they  resign 
or  are  dismissed  for  misconduct. 

The  Military  Academy  is  under  the  control  of  a 
superintendent,  who  is  usually  an  officer  of  high  rank  and 
of  great  experience.  He  is  assisted  by  a  corps  of  instruc- 
tors and  other  officers.  Each  member  of  the  House  of 
Representatives  is  entitled  to  nominate  for  appointment  to 
the  Military  Academy  one  person  from  his  district.  Each 
territory,  and  the  District  of  Columbia,  is  entitled  to  the 
appointment  of  one  joerson,  and  the  President  may  appoint 
ten  persons  at  large.  Candidates  for  such  appointment 
must  be  between  the  ages  of  seventeen  and  twenty-two 
years,  of  sound  physical  health,  of  good  moral  character, 
and  must  be  at  least  five  feet  in  hight.  They  must  have 
had  a  fair  education,  and  must  pass  an  examination  in 
English  Grammar,  Descriptive  Geography,  and  the  history 
of  the  United  States.  Members  of  the  Academy  are  called 
cadets.  They  serve  four  years,  during  which  time  they 
are  instructed  in  army  discipline,  and  in  nil  the  branches 
of  human  knowledge  deemed  necessary  for  the  discharge 
of  any  military  service.  While  at  the  Academy,  they 
receive  one  soldier's  ration  and  five  hundred  dollars  a  yesiv 


148  AD:snNISTflATlVE   DEPARTMENT. 

from  the  government,  and  must  agree  to  serve  the  nation, 
in  the  army,  not  less  than  eiglit  years,  after  graduation. 
Upon  graduation,  tliey  are  appointed  to  positions  in  the 
army,  usually  as  second  lieutenants.  Promotions  in  the 
army  are  mostly  made  by  seniority  of  rank ;  occasionally 
for  meritorious  conduct. 

General  Henr}^  Knox,  of  eminent  Revolutionary  service, 
was  the  first  to  fill  the  office  of  Secretary  of  War.  Among 
the  noted  statesmen  and  soldiers  who  have  followed  him 
in  that  office  are  General  Dearborn,  John  C.  Calhoun, 
Lewis  Cass,  William  L.  Marcy,  Jefferson  Davis,  and  Edwin 
M.  Stanton. 


ADMINISTRATIVE   DEPARTMENT.  149 


CHAPTER   XIV. 

ADMINISTRA  TIVE   DEPARTMENT.  —  Continued. 
DEPARTMENT   OF   THE   NAVY. 

This  department  was  not  created  at  the  beginning  of 
tlie  government,  but  all  naval  matters  were  controlled  by 
the  Department  of  War  until  1798,  when  this  branch  of 
the  service  was  added.  The  Secretary  of  the  Navy  has 
control  of  all  the  affairs  of  the  government  relating  to  its 
navy  and  naval  operations.  The  detailed  work  of  the 
department  is  divided  among  several  bureaus,  as  fol- 
lows :  — 

1.  Bureau  of  Yards  and  Docks.  As  its  name  indi- 
cates, this  bureau  attends  to  the  navy  yards,  docks,  and 
wharves,  as  well  as  to  the  buildings  and  machinery,  and 
other  property  connected  with  them.  It  has  charge,  too, 
of  the  Naval  Asylum. 

2.  The  Bureau  of  Navigation  has  control  of  the 
Naval  Observatory,  Hydrographical  Oftice,  Naval  Acad- 
emy, and  the  issuance  of  the  nautical  almanac.  It  fur- 
nishes to  vessels  the  maps,  charts,  chronometers,  and  such 
other  appliances  as  are  needed  by  the  officers  of  the  siii[)s, 
and  such  books  as  are  needed  for  the  study  of  the  improve- 
ment of  navigation. 

3.  The  Bureau  of  Ordnance  directs  in  tlie  pur- 
chase or  fabrication  of  cannon,  guns,  ammunition,  and 
other  military  e(|uipments  of  vessels  of  war. 


150  administrative  department. 

4.  The  Bureau  of  Construction  and  Repairs 
attends  to  building  and  repairing  the  vessels  and  boats 
used  in  the  naval  service,  and  to  the  purchase  of  material 
therefor. 

5.  The  Bureau  of  Equipments  and  Recruiting 
furnishes  ships  of  war  with  their  sails,  anchors,  water- 
tanks,  and  other  equipments  for  sailing,  and  conducts  the 
recruiting  service  for  seamen  and  sailors. 

6.  The  Bureau  of  Stea^ni  Engineering  superin- 
tends the  construction  and  repair  of  the  engines  and 
machinery  for  naval  use. 

7.  The  Bureau  of  Provisions  and  Clothing  pur- 
chases the  provisions  and  clothing  for  the  navy. 

8.  The  Bureau  of  Surgery  and  Medicine  man- 
ages everything  relating  to  the  purchase,  distribution,  and 
use  of  medicine  and  medical  stores,  surgical  instruments, 
to  the  treatment  of  the  sick  and  wounded,  and  has  charge 
of  the  marine  hospital. 

9.  Naval  Academy.  This  is  located  at  Annapolis, 
Maryland,  and  is  under  the  charge  of  a  superintendent. 
In  this  institution,  young  men  are  trained  for  officers  of 
the  navy.  Each  member  of  the  House  of  Representatives 
is  entitled  to  nominate,  for  appointment,  one  person  from 
his  district.  Each  territory,  and  the  District  of  Columbia, 
is  also  entitled  to  one,  and  the  President  may  appoint  ten 
at  large.  Candidates  for  admission  must  be  between  the 
ages  of  fourteen  and  eighteen  years,  physically  sound,  and 
possessed  of  a  fair  education  in  the  common  branches  and 
in  the  elements  of  Algebra.  The  term  of  study  and  dis- 
cipline is  six  years,  during  which  time  the  student  is 
drilled  and  instructed  in  all  the  discipline  and  learning 
deemed  to  be  necessary  to  naval  officers.     The  students 


ADMINISTRATIVE   DEPAUT.MENT.  151 

receive  one  ration  a  day,  and  five  hundred  clollars  a  year. 
Tlie  officers  of  the  navy  are  appointed  from  the  graduates 
of  the  Academy,  and  they  are  promoted  in  the  line  oi 
seniority,  usually,  but  ofttimes  for  meritorious  deeds. 

10.    The  Navy.      The  officers  of  the  Navy  consist  of' 
Admiral,  Vice-Admiral,  Rear-Admiral,  Commodore,  Cap- 
tain,   Commander,     l^ieutenant-Commander,     Lieutenant, 
Master,  and  Ensign. 

The  vessels  of  the  United  States  Navy  are  divided  into 
four  classes :  — 

(a)  Vessels  of  the  first  class  carry  forty  guns,  or  more, 
and  are  commanded  by  commodores. 

(A)  Vessels  of  the  sccoud  class  carry  less  than  forty,  and 
more  than  twenty,  guns,  and  are  commanded  by  captains. 

(r)  Vessels  of  the  third  class  carry  twenty  guns,  or  nearly 
that  number,  and  are  commanded  by  connnanders. 

(_(7)  Vessels  of  the  fourth  chtss  are  those  of  the  smallest 
size,  and  are  commanded  by  lieutenant-commanders. 

The  atlmiral  has  command  of  all  the  navy  of  the 
nation,  and  may  command  a  fleet  in  person.  In  active 
service,  a  commodore  often  has  command  of  a  squadron, 
or  even  of  a  fleet :  a  captain  ma}"  command  a  first-class 
vessel,  or  even  a  squadron ;  and  other  officers  may  hold 
command  above  their  rank,  as  is  done  sometimes  in  the 
army. 

The  Navy  Department  has  had  at  its  head  many  men  of 
high  character,  such  as  J.  Crowningshield.  S.  L.  Southard, 
James  K.  Paulding,  Abel  P.  Upshur,  George  Bancroft, 
the  historian,  John  P.  Kennedy,  Gideon  Welles. 


152  ADMIKISTKATIVE   DEPARTMENT. 

CHAPTER    XV. 

ADMINISTRA  TIVE    DEPARTMENT.  —  Continued. 
DEPARTMENT   OP   THE   INTERIOR. 

This  department  was  not  organized  until  1849.  Prior 
to  that  date,  the  various  functions  of  government,  now 
performed  by  that  department,  belonged  to  several  of  the 
other  departments.  The  duties  of  the  officers  of  this 
department  are  confined  to  matters  of  a  domestic  nature. 
There  are  several  bureaus  for  the  proper  and  systematic 
discharge  of  its  duties. 

1.  The  Commissioner  of  Public  Lands  is  charged 
with  the  survey,  management,  and  sale  of  the  lands  of  the 
government  and  the  issuance  of  patents  therefor. 

2.  The  Commissioner  of  Pensions  examines  and 
adjusts  all  claims  arising  under  the  laws  granting  bounties 
or  pensions  for  military  or  naval  services. 

3.  The  Commissioner  of  Indian  Affairs  has  charge 
of  all  matters  connected  witli  the  government  of  the 
Indians,  Avhether  in  tribes  or  on  reservations.  Treaties 
are  made  with  the  Indians,  their  lands  are  managed, 
bought  and  sold,  annuities  paid,  rations  issued,  trade  con- 
ducted, tln'ough  agents  of  this  bureau. 

4.  The  Commissioner  of  Patents  examines  and 
passes  upon  all  applications  for  patents  for  useful  dis- 
coveries, inventions,  and  improvements. 

5.  The  Commissioner  of  Agriculture  obtains  and 
preserves  all  information  possible  concerning  agriculture. 


ADMINISTRATIVE   DEPARTMENT.  153 

whether  obtained  from  books,  correspondence,  practical 
and  scientific  experiments,  by  collection  of  statistics,  or 
by  any  other  possible  means,  —  collects  seeds  and  plants, 
and  tests  them.  He  distributes  information,  seeds,  and 
plants  among  agriculturists  and  others  interested  in  that 
branch  of  industry. 

G.  The  Commissioner  of  Education  is  directed  to 
make  investigations  concerning  the  condition  and  progress 
of  education  in  the  several  states  and  territories,  collect 
information  respecting  the  organization  and  management 
of  schools,  school  systems,  and  methods  of  teaching.  The 
statistics  and  other  information  collected  is  distributed  to 
all  those  interested  in  education. 

7.  The  Census  is  taken  every  ten  years  under  the 
direction  of  this  department,  by  a  special  officer  appointed 
for  that  purpose,  styled  the  Superintendent  of  the  Census. 
He  is  appointed  for  the  special  census,  and  liolds  his  office 
until  the  conclusion  of  the  work,  only. 

8.  The  Superintendent  of  Public  Documents  keeps 
and  distributes  all  the  documents  and  other  publications 
issued  by  the  government  for  distribution.  The  laws  pro- 
vide for  the  proper  distribution  of  them  in  such  manner 
that  they  will  be  sent  to  such  only  as  are  interested  in 
their  contents. 

Patents.  —  The  inventor  or  owner  of  a  new  or  useful 
art,  machine,  manufacture,  or  composition  of  matter,  or 
improvement  thereof,  not  known  to,  nor  used  by,  others  in 
this  country,  nor  patented  nor  described  in  any  printed 
publication  in  this  or  any  foreign  country,  before  the 
claimed  invention,  and  not  in  public  use  nor  on  sale  for 
a  year  before,  may  have  a  patent  for  the  same.  Tlie  appli- 
cant for  a  patent  must  send  a  written  or  printed  descrip- 


154  ADMINISTRATIVE    DEPARTMENT. 

tion  of  the  invention  to  the  commissioner  of  patents. 
Such  description  must  include  the  manner  and  process  of 
making,  constructing,  compounding,  and  using  the  dis- 
covery in  plain  language, — -the  explanation  and  descrip- 
tion to  be  so  clear  and  plain  as  to  distinguish  it  from  all 
other  things  of  a  like  nature,  —  drawings  and  models  of 
machines  to  accompany  description,  if  possible.  The 
applicant  must  also  swear  that  he  believes  himself  to  be 
the  first  inventor  or  discoverer  of  the  article  for  which  a 
patent  is  asked. 

Upon  the  receipt  of  sucli  application,  the  examiner  of 
the  office  examines  it  and  the  drawings  and  models,  and 
if  the  claim  of  the  applicant  appears  to  be  just,  letters 
are  issued,  granting  to  the  person  named  the  exclusive 
right  to  make,  construct,  compound,  and  to  sell  the  arti- 
cle named,  in  the  United  States,  for  a  period  of  seven- 
teen years.  Upon  every  article  so  patented,  or  upon 
its  wrappings,  and  issued  for  sale  under  such  patent, 
there  must  be  legibly  cut,  stamped,  moulded,  or  printed, 
as  the  case  ma}'  be,  the  word  "Patented"  and  the  date 
of  such  patent.  If,  at  the  end  of  the  seventeen  years, 
the  patentee  can  show  that  he  has  received  no  reasonable 
amount  of  remuneration  from  his  invention,  he  may  have 
his  patent  extended  seven  years.  Notice  of  application 
for  such  extension  must  be  published  under  the  direction 
of  the  commissioner  of  patents. 

Trade  Marks.  The  patent  office  has  charge,  also, 
of  the  issuance  of  "  trade  marks."  These  are  devices 
which  are  frequently  adopted  by  manufacturers  or  dealers 
to  mark  the  goods  in  which  they  deal,  or  which  they  make. 
Upon  a  proper  application,  with  a  full  statement  of  the 
facts  of  the  matter,  a  certificate  will  be  issued  and  the 


ADMINISTRATIVE   DEPARTMENT.  155 

persons  named  will  have,  thereafter,  for  thirty  years, 
the  exclusive  right  to  the  use  of  such  trade  mark.  The 
words  "  trade  mark "  must  be  used  in  close  connection 
with  the  device  adopted,  in  order  to  be  a  protection.  At 
the  expiration  of  the  thirty  years,  the  certificate  may  be 
renewed  for  another  thirty  years. 


15(3 


ADMINISTEATIVE    DEPARTMENT. 


CHAPTER   XVL 

A  DMINTS TRA  Tl  VE   DEPA  R  TMENT.  —  Continued. 

DEPARTMENT    OF    THE    INTERIOR.  —  C'on<m?<e^. 

THE   PUBLIC    LANDS. 

The  public  land  of  the  United  States  is  divided  into 
townships,  which  are  six  miles  square,  and  contain  thirty- 
six  sections.  Each  section  comprises  six  hundred  and 
forty  acres.  These  sections  are  subdivided  into  forty-acre 
tracts. 

Map  of  a  township,  showing  how  the  sections  are 
numbered :  — 


(; 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

1(5 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

3;-) 

30 

AD3UN1STRAT1VE   DErAKTMENT. 


15- 


North-west 

quarter. 

West  half 
of 

S.W.  X- 

N.E.X 
of 

s.w.x- 

S.E.X 
of 

S.W.  14:. 

Map  of  a  section  of  land,  showing  how  it  may  be 
subdivided  or  described :  — 

This  division  and  descrip- 
tion can  be  varied  so  as  to 
describe  the  north  half,  the 
south  half,  or  the  west  half ; 
also,  any  other  quarter,  or 
half  of  a  quarter,  or  quarter 
of  a  quarter.  An  eighty- 
acre  tract  may  comprise  the 
north-west  quarter  of  the 
soutli-east  quarter,  and  the 
north-east  quarter  of  the 
south-M'est  quarter,  —  so    a 

(^[uarter-section  may  be  composed  of  the  four  central  forty- 
acre  tracts. 

In  making  its  surveys,  the  government  establishes  a 
base  line,  generall}'  the  line  dividing  states,  and  the 
townships  are  numbered  north  and  south  of  this  base  line. 
Another  line,  sometimes  a  meridian,  is  taken,  and  the 
ranges  are  numbered,  sometimes  east,  but  generally  west, 
of  this  line.  A  tract  of  government  land  is  described  as 
lying  in  such  a  township  north  or  south  of  a  named  base 
line  and  in  such  a  range  east,  or  west,  of  such  a  meridian. 
As  an  example  ;  the  boundary  line  between  the  states  of 
Kansas  and  Nebraska  is  a  base  line.  The  sixth  princi})al 
meridian  is  the  boundary  line  of  the  counties  (in  Nebraska) 
of  Jefferson  on  the  east,  and  Thayer  on  the  west,  running 
north  through  the  state.  In  the  state  of  Nebraska,  all 
the  land  is  numbered  by  range  from  that  princijial  merid- 
ian. Land  in  the  north-eastern  township  of  Saline 
county  would  be  described  as  in  township)  eight,   north. 


158 


ADMINISTEATIVE   DEPAKTMENT. 


and  ill  range  four,  east  of  the  sixth  })riiicipal  meridian,  in 
Nebraska.  In  like  manner,  the  land  lying  in  the  town- 
ship in  which  is  situate  North  Loup,  in  Valley  county, 
Nebraska,  would  be  described  as  in  township  eighteen, 
north,  in  range  thirteen,  west  of  the  sixth  principal 
meridian,  in  Nebraska. 

Following  is  a  chart  showing  how  land  is  surveyed  and 
described  with  reference  to  a  Principal  Meridian  and  a 
Base  Line:-  ^^^^^^ 


N^.BRASk 


B 


s 


dase 


C 


Lin  ? 


/(UA'S/f.; 


D 


SOUTH. 


A  —  section  six,  in  townsliip  six  north  and  range  six  west  of  the  Sixth 
Principal  Meridian,  in  Thayer  County,  Nebraska. 

/J  =  section  twenty -two,  in  townsliip  four  south  and  range  four  east  of  the 
Sixth  Principal  Meridian,  in  Washington  County,  Kansas. 


ADMINISTRATIVE   DEPARTMENT.  159 

1.  Cash  Sales.  —  The  government  disposes  of  the  public 
lands  in  several  methods.  After  they  are  surveyed,  they 
may  be  offered  for  sale  to  the  highest  bidder  for  cash,  so 
that  the  price  is  not  less  than  the  amount  fixed  by  law, 
namely:  1^1.25  an  acre  for  land  outside  the  limits  of 
the  grants  to  railroads,  and  $2.50  an  acre  for  land  inside 
such  grants.  This  method  of  sale  has  been  abandoned  in 
practice,  although  it  is  in  force  in  the  statute. 

2.  Pre-emptions.  —  The  unsold  land  may  be  settled 
upon  by  the  head  of  a  family,  man  or  woman,  or  by  a  single 
person  who  is  twenty-one  years  of  age.  A  pre-emptor 
must  make  actual  settlement  and  occu})ancy,  and  must 
build  a  house  upon  it.  Within  thirty  days  thereafter,  he 
must  file  a  declaration  of  intention  to  purchase.  He  must 
occu})}"  and  improve  the  land  continuously  during  one 
year,  at  the  end  of  which  time  he  must  make  proof  of  the 
occupancy  and  improvement,  and  pay  for  the  land  at  the 
government  price.  The  amount  is  limited  to  one  hundred 
sixty  acres  to  each  pre-emptor. 

3.  Hoiiiesteads.  —  A  homestead  of  one  hundred  sixty 
acres  can  be  obtained  without  any  payment,  except  for 
land-office  fees,  by  any  head  of  a  family,  man  or  woman, 
or  by  any  single  person  who  is  twenty-one  years  of  age, 
and  who  has  never  borne  arms  against  the  United  States, 
nor  given  aid  or  comfort  to  its  enemies.  For  this  purpose 
a  formal  entry  is  made  at  the  time  of  settlement.  A 
residence  u[)on,  and  improvement  of,  such  land,  contin- 
uously, during  a  period  of  five  years,  is  necessary.  Proof 
of  such  settlement  and  improvement  must  be  made  before 
patent  can  be  issued. 

4.  Soldiei''s  Homestead.  —  A  special  act  of  Congress 
was  passed  soon  after  the  close  of  the  late  war  of  1861-65, 


160  ADMINISTRATIVE   DEPARTMENT. 

by  which  the  time  during  which  a  soldier  or  sailor  served 
ill  that  war  with  the  Union  forces,  should  be  deducted 
from  the  five  3'ears  required  for  residence.  The  soldier 
must  so  reside  upon  the  land  at  least  one  year.  Also,  a 
declaration  of  intention  to  take  a  homestead  under  such 
act  can  be  made  six  months  before  formal  entry  and  settle- 
ment need  to  be  made. 

5.  Timber-Culture  Claims.  —  Any  head  of  a  family, 
man  or  woman,  or  any  single  person  who  is  twenty-one 
years  of  age,  may  enter  one  hundred  sixty  acres  of  land 
without  any  payment,  except  for  the  fees  of  the  land 
office.  Land  so  entered  must  be  free  from  timber  of  all 
kinds.  In  order  to  obtain  title  from  the  government,  the 
person  must  cultivate  the  land  during  eight  years,  as  fol- 
lows :  If  the  entry  is  one  hundred  sixty  acres,  he  is  re- 
quired to  break  and  plow  five  acres,  the  first  year ;  during 
the  second  year,  he  must  jDut  into  a  crop  or  into  trees  the  five 
acres  already  plowed,  and  must  break  and  plow  five  acres 
more ;  in  the  third  year,  the  land  broken  the  first  year 
must  be  set  out  to  trees,  or  planted  to  timber  seed,  not 
less  than  twenty-seven  hundred  to  the  acre ;  in  the  fourth 
year,  the  other  five  acres  must  be  planted  in  the  same  way. 
Thereafter,  the  trees  must  be  cultivated  so  that,  at  the 
time  of  proving  up,  the  ten  acres  shall  contain  not  less 
than  six  hundred  seventy-five  living,  thrifty  timber  trees 
growing  upon  each  acre.  Proof  may  be  made  at  the  end 
of  eight  years  from  the  date  of  the  entry,  or  within  five 
years  thereafter,  and  title  received. 

6.  Other  Lauds.  —  There  are  provisions  of  law  by  which 
persons  may  obtain  lands  containing  minerals,  coal,  stone, 
timber,  desert  lands,  and  saline  lands,  by  making  a  defi- 
nite amount  of  imiirovement,  or  by  doing  work  to  a  certain 
amount  thereon  each  year. 


ADMINISTRATIVE   DEPARTMENT.  161 

The  homestead  law  is  the  onh'  part  of  the  hind  system 
now  remaining,  that  is  interesting  to  the  average  citizen. 
The  rights  to  acquire  lands  by  direct  purchase,  and  undei 
the  pre-emption  and  timber-culture  acts  will  soon  be  re- 
])ealed.  The  acquisition  of  the  other  lands,  last  men- 
tioned, cannot  be  made  without  more  capital  than  the 
ordinaiy  citizen  possesses.  The  land  for  agricultural  pur- 
poses must,  hereafter,  be  acquired  under  the  homestead 
act. 

Among  the  men  of  great  ability  who  have  filled  the 
office  of  Secretary  of  the  Interior,  may  be  mentioned 
Thomas  H.  Ewing,  Alexander  H.  Stewart,  James  Harlan, 
Jacob  D.  Cox. 


162  ADMINISTRATIVE   DEPAKTMENT. 


CHAPTER   XVII. 

A  DM  INI  S  TRA  Tl  VE   DEPA  R  TMENT.  —  Continued. 
DEPARTMENT   OF   THE   POST-OFFICE. 

The  officer  at  the  lieatl  of  this  department  is  called  the 
Postmaster-General.  He  has  control  of  all  matters  con- 
nected with  the  management  of  the  post-offices  of  the 
nation,  the  carrying  of  the  mail,  both  domestic  and  for- 
eign, and  the  appointment  of  postmasters  whose  salaries 
are  less  than  one  thousand  dollars  per  year.  The  Post- 
master-General has  three  chiefs  of  bureaus,  styled  Assistant 
Postmaster-Generals,  besides  other  subordinate  officers. 

1.  The  First  Assistant  Postmaster-General  has 
charge  of  the  appointment-office,  and  attends  to  the  estab- 
lishment and  discontinuance  of  post-offices,  changes  of 
sites  and  of  names,  appointment  and  removal  of  post- 
masters within  the  jurisdiction  of  the  department,  and  of 
local  agents.  He  also  attends  to  the  supplies  of  stamps 
and  balances,  blanks,  and  stationery  for  the  service.  He 
supervises  the  ocean  mail  steamsliip  lines,  and  the  foreign 
and  international  postal  service. 

2.  The  Second  Assistant  Postmaster-General  is 
at  the  head  of  the  contract-office.  He  manages  the  mail 
]'outes,  places  them  under  contract,  determines  the  trips, 
conveyances,  departures,  and  arrivals  on  all  mail  routes, 
the  points  of  distribution,  and  the  regulations  for  the  gov- 
ernment of  the  domestic  mail  service. 


administkativp:  dei'Ahtment.  168 

3.  The  Third  Assistant  Postmaster-General  is 
the  head  of  the  finance-office.  He  supervises  such  finan- 
cial business  of  the  department  as  is  not  devolved  upon 
the  Sixth  Auditor  of  the  Treasury,  embracing  accounts 
with  draft-offices  and  with  other  depositories  of  the  depart- 
ment, issues  warrants  and  drafts  in  payment  of  balances 
due  contractors,  and  inspects  returns  and  balances  of  post- 
masters. He  also  issues  stamps  and  stamped  envelopes, 
and  has  charge  of  the  Dead-Letter  Office. 

4.  The  Superintendent  of  the  Money-Order  Sys- 
tem makes  all  the  rules  and  recjulations  concerning  the 
issuance  of  money  orders  and  postal  notes,  and  prepares 
and  issues  all  the  blanks  for  that  system. 

5.  The  Assistant  Attorney-General  is  a  law-officer 
attached  to  this  department  to  give  advice  concerning  the 
construction  of  statutes,  to  dictate  the  forms  of  contracts, 
and  to  prosecute  suits  against  contractors  and  others. 

6.  The  Foreign  Service.  The  United  States  has 
postal  treaties  with  nearly  all  the  organized  nations  of  the 
world,  certainly  with  all  the  civilized  nations,  by  which 
there  are  regular  mail  routes  established  between  them  and 
the  United  States  for  the  transmission  of  mail  for  the  citi- 
zens of  all  those  countries.  The  rates  of  postage  are  con- 
siderably in  excess  of  those  charged  upon  mail  matter  in 
the  United  States,  and  are  not  the  same  with  the  several 
nations. 

7.  The  Money-Order  System.  By  this  system,  a 
person  may  deposit  money  in  one  post-office  and  have  it 
paid  to  any  one  named  at  another  post-office.  The  system 
is  similar  to  that  by  which  money  is  sent  by  bank-drafts. 
The  charge  for  such  service  is  very  light,  from  three  cents 
to    twenty-five  cents.      The  money  orders  are  limited  in 


164  ADMINISTRATIVE   DEPAKTMEKT, 

aiuuiuit  to  fifty  dollars,  und  no  person  can  obtain  more 
than  three  orders  in  one  da}'.  A  postal  note  is  a  similar 
device  for  sending  money,  and  is  restricted  to  sums  less 
than  five  dollars,  for  which  a  charge  of  three  cents  must 
be  paid.  The  postal  note  is  drawn  upon  the  post-office  of 
a  [)lace  named,  or  u^^on  any  office  generally,  and  is  payable 
to  bearer.  Unused  money  orders  and  postal  notes  can  be 
cashed  at  the  office  where  drawn. 

8.  Letter  Registry.  A  person  may  have  a  letter  or 
other  mail  package  registered  for  a  fee  of  ten  cents  addi- 
tional to  the  regular  postage  thereon.  Some  security  to 
valuable  packages  is  added  by  this  system,  as  the  postal 
messenger  receipts  for  all  packages  carried  by  him,  and  a 
lost  package  may  be  traced  with  some  prospect  that  it  can 
be  found.  Comparatively  few  registered  packages  are 
lost. 

9.  Immediate  Delivery.  If  the  sender  of  a  letter 
desires  the  letter  delivered  at  once  upon  its  arrival  at  the 
office  of  destination,  he  can  attach  to  the  letter  an  "  imme- 
diate delivery  stamp,"  costing  ten  cents,  and  it  will  be 
delivered  by  special  messenger,  within  a  mile  of  the  post- 
office.  This  system  is  a  recent  one.  It  was  tried,  at  first, 
at  the  larger  offices,  and  has  lately  been  extended  to  all 
the  post-offices. 

10.  The  Dead-Letter  Office  is  a  device  by  which 
letters,  not  taken  by  those  to  whom  sent,  may  be  returned 
to  the  writers.  In  all  offices,  all  letters  unclaimed  at  the 
end  of  a  week  are  advertised.  If  not  then  claimed  at  the 
end  of  four  weeks,  they  are  sent  to  the  Dead-Letter  Office 
at  Washington.  All  letters  put  into  a  post-office,  un- 
stamped, or  not  properly  addressed,  and  unreclaimed,  are 
sent  to  the  same  office.     At  the  Dead-I^etter  Office,  these 


ADMINISTRATIVE   DEHAKTMENT.  165 

letters  are  opened  by  confidential  clerks.  Such  of  tlieni 
as  contain  valuables,  or  are  of  such  a  nature  as  to  make  it 
desirable  for  their  return  to  the  writers,  are  so  returned, 
at  the  expense  of  the  department,  if  the  writer's  name  and 
address  can  be  ascertained  from  the  letter.  The  office  an- 
nually finds  vast  numbers  of  letters,  containing  valuables 
or  money,  and  j'et  without  signature  or  other  clue  so  as  to 
make  a  return  possible.  Even  in  such  cases,  efforts  are 
always  made  to  find  the  writers  and  to  return  the  letters. 

11.  Postage.  The  rates  for  postage  in  the  United 
States  are  as  follows :  (a)  On  letters,  or  written  matter 
sealed,  two  cents  for  one  ounce  or  fractioii  thereof,  (^li) 
On  printed  matter  issued  regularly,  mailed  by  the  pub- 
lisher, one  cent  a  pound,  (c)  On  miscellaneous  printed 
matter,  one  cent  for  two  ounces  or  fraction  thereof.  (<?) 
On  merchandise,  not  exceeding  four  pounds,  one  cent  an 
oiuice.  Number  (^)  is  payable  by  cash,  all  the  others  by 
stamps  affixed  to  the  mail  matter. 

The  office  of  Postmaster-General  has  been  filled  by  many 
men  of  national  renown,  among  them  Samuel  Osgood, 
Timothy  Pickering,  Return  J.  Meigs,  Amos  Kendall,  Jacob 
CoUamer,  Joseph  Holt. 


166  ADMINISTKATIVE  DEPAKTMENT. 


CHAPTER  XVIII. 

ADMINISTRA TI VE   DEPARTMENT.  —Continued. 
DEPARTMENT  OP   JUSTICE. 

The  head  of  this  department  is  the  Attorney-General. 
He  is  tlie  law-adviser  of  the  government.  By  law,  he  is 
made  su[)erintendent  of  the  attorneys  and  marshals  in  all 
the  judicial  districts.  He  has  tliree  Assistant  Attorney- 
Generals  and  a  Solicitor-General,  to  aid  him  in  the  details 
of  his  duty.  The  business  of  this  office  may  be  classified 
as  follows :  — 

1.  To  GIVE  OFFICIAL  OPINIONS  upon  the  current  busi- 
ness of  the  government,  whenever  called  for  by  the  Presi- 
dent, by  the  head  of  any  department,  or  by  the  Solicitor 
of  the  Treasury. 

2.  To  EXAMINE  AND  ADVISE  concerning  applications 
for  pardons,  reprieves,  and  commutations  of  sentence  for 
offenses  against  the  laws  of  the  United  States. 

3.  To  EXAMINE  APPLICATIONS  for  appointment  to  judi- 
cial and  law-offices. 

4.  To  EXAMINE  TITLES  to  the  lands  purchased  for  gov- 
ernment business,  and  the  bonds  given  by  public  officers. 

5.  To  CONDUCT  AND  MAKE  ARGUMENTS  in  the  Supreme 
Court  of  the  United  States,  in  all  suits  wherein  the  gov- 
ernment has  any  interest,  and  in  other  courts  where  the 
interests  of  the  government  is  so  important  as  to  justify  it. 


ADMINISTRATIVE   DEPARTMENT.  167 

6.  To  ATTEND  TO  OTHER  SUITS,  arising  in  any  depart- 
ment, wlien  requested  by  the  head  of  such  department. 

Some  of  the  most  eminent  hiwvers  of  the  nation  have 
held  the  office  of  Attorney-GeneraL  Edmund  Randolph 
was  the  appointee  of  Washington.  Since  then,  the  office 
has  been  filled  by  Judge  Parsons,  of  ^lassachusetts,  Cae- 
sar A.  Rodney.  "William  Pinckney,  William  Wirt,  Felix 
Grundy.  John  J.  Crittenden,  Reverdy  Johnson,  Jeremiah 
S.  Black,  Caleb  Cushing,  William  M.  Evarts,  Ebenezer  R. 
Hoar,  and  others. 


168  MISCELLANEOUS. 


CHAPTER   XTX. 

MISCELLA  NEOUS. 

Naturalization.  —  An  alien  white  person,  an  African, 
or  person  of  African  descent,  may  become  a  citizen  of  the 
United  States.  At  any  time  after  arrival,  lie  must  declare 
his  intention  to  become  a  citizen  and  to  renounce  all  for- 
mer allegiance  to  any  other  government,  and  swear  to  sup- 
port the  constitution  and  laws  of  the  United  States.  This 
must  be  done  in  writing  before  a  clerk  of  a  court  having 
a  seal.  This  declaration  must  be  made  at  least  two  years 
before  he  can  receive  his  final  papers.  After  having  re- 
sided in  the  United  States  five  years,  he  may  be  admitted 
to  full  citizenship  by  appearing  before  a  court  of  record, 
in  public  session,  and  formalh"  renouncing  allegiance  to 
all  other  governments  and  taking  the  oath  of  allegiance  to 
the  United  States.  In  order  to  be  so  admitted  to  full  citi- 
zenship, he  must  be  a  man  of  good  moral  character,  must 
be  attached  to  our  form  of  government,  and  must  be  well- 
disposed  to  good  order  and  to  the  well-being  of  this  gov- 
ernment. Such  aliens  of  the  above  description  as  have 
an  honorable  discharge  from  the  army  or  navy  for  service 
of  one  year  may  be  admitted  to  full  citizenship  without 
any  preliminary  declaration  of  intention,  and  need  not 
})rove  more  than  one  year's  residence.  Aliens  arriving 
here  while  under  eighteen  years  of  age  may  be  admitted 
to  full  citizenship  after  five  years'  residence,  witliout  any 


MISCELLANEOUS.  169 

first  papers.  The  widows  and  cliildreii  of  such  aliens  as 
liave  taken  out  their  first  papers,  and  who  died  before 
being  admitted  to  full  citizenship,  become  full  citizens 
without  farther  formalit}'.  Children  under  twenty-one 
years  of  age,  of  naturalized  persons,  become  citizens  with 
their  pareuts.  No  citizen,  subject,  or  deuizeu  of  a  coun- 
try with  whom  the  United  States  may  be  at  war  can  be 
admitted  to  citizenship,  or  even  file  his  declaration  of  in- 
tention to  become  such.  Persons  who  have  made  their 
declaration  of  intention  to  become  citizens,  and  who  serve 
three  years  thereafter  in  the  merchant-marine  of  the  United 
States,  are  admitted  to  citizenship  without  longer  residence. 
In  some  of  the  states,  aliens  cannot  vote  until  admitted  to 
full  citizenship,  and  in  other  states  they  may  vote  at  once 
after  they  have  declared  their  intention  to  become  citizens. 
Copyrigiits.  —  This  is  an  exclusive  privilege,  reserved 
to  any  citizen  or  resident  of  the  I'^nited  States,  to  print, 
publish,  and  sell,  any  book,  map,  chart,  engraving,  painting, 
drawing,  photograj)h,  dramatic  performance,  or  musical 
composition,  of  which  he  is  the  author,  engraver,  designer, 
inventor,  or  owner.  The  object  is  to  encourage  authors 
and  to  furnish  them  the  means  of  securing  compensation 
for  their  work.  This  they  could  not  secure  if  an}'  one 
could  reproduce  and  sell  the  products  of  their  labor  or 
of  their  genius  without  })ayment.  A  copyright  carries  the 
right  of  ownership,  and  may  be  bought  and  sold  like  other 
personal  })roperty.  It  must  be  conveyed  by  writing,  a 
copy  of  which  must  be  hied  in  the  office  of  the  Librarian 
of  Congress.  In  order  to  obtain  a  copyright,  a  copy  of 
the  title  of  the  publication  must  be  sent  to  the  Librarian  of 
Congress  before  publication.  Within  ten  days  after  pub- 
lication, two  copies  of  the  publication  itself  must  be  sent 


170  MISCELLANEOUS. 

to  the  Librarian  of  Congress.  These  two  filings  will  cost 
one  dollar.  A  copyright  extends  for  twenty-eight  years, 
and  may  be  extended  fourteen  years  longer.  In  order  to 
secure  the  full  right  granted  by  the  copyright,  a  notice, 
similar  to  that  published  on  the  fly-leaf  of  this  volume, 
must  be  printed  in,  or  on,  every  copy  of  the  publication 
copy  rigii  ted. 

Smitlisoniaii  Institution.  —  In  1829,  James  Smithson, 
an  Englishman,  died.  By  his  will,  he  bequeathed  to  the 
United  States  a  sum  amounting  to  'f515,169,  for  founding 
an  institution  for  the  "increase  and  diffusion  of  knowledge 
among  men."  In  1846,  Congress  accepted  the  bequest 
and  incorporated  the  Smithsonian  Institution.  It  is 
located  at  Washington,  and  is  largel}'  under  the  dyrection 
of  Congress.  The  incorporators  were  the  President  of  the 
United  States,  the  Secretaries  of  State,  Treasury,  War, 
and  Navy,  Postmaster-General,  Attorney-General,  the 
Chief  Justice  of  the  Supreme  Court  of  the  United  States, 
the  Mayor  of  the  city  of  Washington,  and  the  Commis- 
sioner of  Patents. 

The  immediate  directors  of  the  Institution  are  the  Board 
of  Regents,  constituted  as  follows  :  the  Vice-President  of 
the  United  States,  the  Chief  Justice  of  the  Supreme  Court, 
three  members  of  each  house  of  Congress,  two  unofficial 
residents  of  the  city  of  Washington,  and  four  other  citizens 
of  the  United  States,  of  which  no  two  shall  be  citizens  of 
the  same  state.  The  President  of  the  Senate  appoints 
the  three  senators  who  serve  during  their  term  of  office 
as  senators,  and  the  Speaker  appoints  the  three  mem- 
bers of  the  House,  who  serve  two  years.  The  Chief  Jus- 
tice is  the  chancellor  and  presiding  officer  of  the  Board  of 
Regents. 


MISCELLANEOUS.  171 

The  Institution  has  reeeiveJ  and  has  charge  of  all  the 
government  collections  in  mineralogy,  geology,  natural 
history,  botany,  and  its  specimens  of  the  arts  and  of 
foreign  and  curious  research.  It  receives  contributions 
from  other  sources,  also.  These  collections  are  said  to 
constitute  the  largest  and  best  series  of  minerals,  fossils, 
rocks,  animals,  and  plants  of  the  entire  continent  of  Amer- 
ica, in  the  world.  The  Institution  issues  publications 
devoted  to  scientific  discoveries  and  discussion,  contrib- 
uted by  scientific  men  of  America  and  of  other  countries. 

INTER-STATE    COMMERCE. 

In  1887,  in  pursuance  of  the  pov^^ers  given  by  Art.  I., 
section  8,  sub.  div.  3,  of  the  Constitution,  Congress  passed 
the  so-called  Inter-State  Commerce  Law,  and  authorized 
the  appointment  of  a  commission  thereunder.  The  com- 
mission consists  of  five  persons  appointed  by  the  President 
and  confirmed  by  the  Senate.  It  is  charged  Avith  the  duty 
to  administer  and  enforce  the  provisions  of.  the  law,  and 
has  authority  to  suspend  some  of  its  provisions  for  good 
cause.  It  collects  information  about  the  management, 
cost,  expenses,  earnings,  debts,  and  other  facts  bearing 
upon  railroads  and  other  inter-state  commercial  agencies. 
One  aim  of  the  law  seems  to  be  to  prevent  discrimination 
for  or  against  persons,  towns,  or  cities,  and  to  prohibit 
pools  and  other  combinations  among  railroads.  The 
phraseology  of  the  law  is  not  free  from  doubt,  and  the 
scope  and  extent  of  the  authority  of  the  commission  is  not 
wholly  clear. 

Section  1  of  this  law  declares  that  "-all  charges  shall  be 
reasonable  and  just;  and  every  unjust  and  unreasonable 
charge  is  prohibited,  and  declared  to  be  unlawful." 


172  MISCELLANEOUS. 

Section  2  defines  an  nnjusL  discrimination,  as  the  charg- 
ing any  persons  different  amounts  for  a  "like  and  con- 
temporaneous service  in  tlie  transportation  of  a  like  kind 
t)f  traffic  under  substantially  similar  circumstances  and 
conditions." 

Section  3  declares  it  unlawful  "to  make  or  give  any 
undue  or  unreasonable  preference  or  advantage  to  any  par- 
ticular person,  company,  firm,  corporation,  or  locality,  or 
any  particular  description  of  traffic,  in  any  respect  whatso- 
ever, or  to  subject  any  person,  company,  firm,  corporation, 
or  locality,  or  any  particular  description  of  traffic,  to  any 
undue  or  unreasonable  prejudice  or  disadvantage  in  any 
respect  whatsoever."  These  three  sections  are,  in  effect, 
a  declaration  and  enactment  of  the  common  law. 

The  intent  of  the  law  is  to  do  away  with  the  many  and 
manifest  abuses  that  had  grown  up  in  connection  with  the 
carrying  trade  of  the  country  ;  to  secure  to  each  shipper  of 
goods  all  the  rights  and  privileges  had  and  enjoyed  by  any 
other ;  to  prevent  favoritism  being  exercised  among  pas- 
sengers, whereby  many  were  allowed  to  ride  nominally 
free,  but  really  at  the  expense  of  the  paying  passengers. 
Also  to  put  an  end  to  the  injustice  by  which  goods  were 
carried  long  distances  to  favored  competing  points,  or  for 
a  favored  ship})er,  for  the  same  or  even  a  less  sum  than 
they  would  be  carried  but  a  moderate  fraction  of  the  dis- 
tance to  a  non-comi)eting  point,  or  for  a  shipper  not 
favored.  To  do  away  with  the  whole  system  of  rebates 
which  favored  some  shippers  at  the  expense  of  others,  thus 
enabling  them  to  undersell  in  the  market,  and  gradually 
but  surely  to  drive  out  all  competition. 

It  may  not  be  within  the  power  of  this  or  any  other  law 
to  wholly  prevent  the  building  up  of  monopolies,  and  to 


MISCELLANEOUS.  173 

block  the  way  of  the  speculative  and  unscrupulous  to 
undue  advantages;  but  its  aim  and  tendency  are  toward 
free  competition,  and  a  fair  and  just  tariff  of  charges  for 
services  rendered,  without  respect  to  person  or  place. 

The  enforced  publicity  of  the  tariff  of  charges  is  a  long 
stride  toward  e(iuality  of  payments.  Growing  as  the  law 
did  out  of  undoubted  abuses  of  power  on  the  part  of  trans- 
portation companies,  the  restrictions  upon  their  uidimited 
power  were  required  in  the  public  interest.  It  became 
necessary  that  public  authority  should  proclaim  and  en- 
force the  rule  of  equal  treatment  as  a  fundamental  doc- 
trine. 

Publicity  of  tariffs,  and  openness  of  agreements  between 
the  companies  and  all  shippers,  will  tend  to  make  secure 
uniformity  of  rates  and  of  treatment.  Public  accounta- 
bility is  strongly  conducive  to  strict  impartiality,  while  it 
is  also  a  foe  to  dnplicity  and  favoritism.  The  responsi- 
bility of  the  companies  to  a  public  tribunal  is  promotive 
of  a  healthy  public  opinion,  and  conducive  to  much-needed 
reforms. 


174  JUDICIAL   DEPAKTMENT. 


CHAPTER   XX. 

JUDICIAL   DEPARTMENT. 

The  student  may  have  already  learned,  in  the  study  of 
state  governments,  the  need  of  a  judicial  department. 
There  could  be  no  good  government  without  it.  It  may 
be  called  the  balance-wheel,  or  regulator,  of  the  govern- 
ment. The  constitution  provides  for  such  a  department 
for  the  national  government. 

I.  The  Supreme  Court.  —  The  constitution  names 
and  establishes  this  court  and  authorizes  Congress  to  add 
such  other,  and  inferior,  courts  as  may  be  needed.  The 
Supreme  Court  consists  of  a  Chief  Justice  and  eight  Asso- 
ciate Justices. 

Jurisdiction.  This  court  has  original  jurisdiction  in 
all  cases  that  affect  ambassadors,  and  other  public  ministers 
and  consuls,  whether  they  are  in  the  service  of  the  United 
States  or  of  any  other  government,  and  in  cases  in  which 
any  state  may  be  a  party.  In  all  other  cases,  suits  must 
be  begun  in  one  of  the  inferior  courts,  and  be  brought  to 
this  court,  by  appeal,  or  by  one  of  the  other  methods 
provided  by  law.  Suits,  in  the  state  courts,  involving  a 
construction  of  the  constitution  of  the  United  States,  or 
of  any  of  the  laws  or  treaties  made  thereunder,  may  be 
appealed  to  this  court. 

II.  Circuit  Courts.  —  The  whole  of  the  United  States 
is  divided  into  nine  circuits.  In  each  circuit,  one  of  the 
Justices  of  the  Supreme  Court  holds  court,  and  is  assisted 


JUDICIAL    DEPARTMENT.  175 

by  a  judge,  appointed  by  the  President,  and  called  a  Cir- 
cuit Judge.  In  fact,  the  Circuit  Judge  does  most  of  the 
business  in  this  court. 

Jurisdiction.  This  court  has  original  jurisdiction  in 
civil  suits  wherein  the  amount  of  property  involved  is  five 
hundred  dollars,  or  more,  and  in  all  cases  of  crime  against 
the  United  States.  It  has  appellate  jurisdiction  in  all  civil 
cases,  involving  five  hundred  dollars  or  more,  tried  in  the 
District  Court. 

III.  District  Court.  —  Each  circuit  is  divided  into  a 
number  of  districts,  so  that  each  state  shall  constitute  at. 
least  one  district,  and  the  larger  states  comprise  two  or 
more  districts.  In  each  district  is  a  judge,  appointed  by 
the  President,  and  called  a  District  Judge.  He  presides 
in  the  District  Court,  alone  or  with  the  Circuit  Judge. 

Jurisdiction.  The  District  Court  has  jurisdiction  in 
a,ll  cases,  civil  or  criminal,  not  required  to  be  brought  in 
the  higher  courts. 

Any  Justice  of  the  Supreme  Court,  in  his  circuit,  and 
any  Circuit  Judge,  in  his  circuit,  may  sit  at  the  trial  of  any 
cause,  in  any  court  inferior  to  his  own,  alone  or  with  the 
inferior  judge,  and  may  render  judgment  in  the  same 
manner  and  with  the  same  effect,  as  may  be  done  by  the 
judge  of  that  court.  The  District  Judge  may  sit  in  the 
Circuit  Court,  in  his  district,  and  try  causes,  in  the  absence 
of  the  Circuit  Judge.  All  the  judges  are  authorized  to 
exchange  with  one  another  when  needful.  There  are  nine 
judges  of  the  Supreme  Court,  nine  Circuit  Judges,  and 
fifty-six  District  Judges. 

IV.  Supreme  Court  of  the  District  of  Columbia.  — 
This  court  consists  of  a  Chief  Justice  and  five  Associate 
Justices.      It  has  about  the  jurisdiction  of  the   District 


176  JUDICIAL   DEPARTMENTo 

Courts  of  the  United  States,  but  the  causes  of  action  must 
arise  in  the  District  of  Columbia.  Appeals  are  taken  from 
this  court  to  the  Supreme  Court  of  the  United  States. 

V.  Court  of  Claims.  —  Tliis  court  is  established  at 
Washington,  and  is  constituted  with  a  Chief  Justice  and 
four  Associate  Justices.  It  has  jurisdiction  to  hear  and 
determine  claims  against  tlie  United  States.  It  does  not 
hear  aZZ  claims  against  tlie  government;  but  such  claims, 
only,  as  have  some  foundation  of  law  to  rest  on.  Claims, 
founded  upon  any  law  of  Congress,  or  upon  any  regular 
order  of  the  President,  or  of  the  head  of  one  of  the  depart- 
ments, or  upon  any  contract  with  the  government,  if  the 
officer  making  the  contract  had  any  authority  to  make  it, 
may  be  presented  to  this  court  and  heard.  Congress  often 
refers  to  this  court,  for  decision  npon  disputed  facts,  the 
claims  of  paymasters,  quartermasters,  and  other  disbursing 
officers,  as  well  as  other  claimants  where  the  grounds  of 
relief  are  not  free  from  doubt.  Congress  usually  makes 
an  appropriation  to  pay  the  awards  rendered  by  this 
court. 

VI.  Territorial  Courts.  —  Each  territory  is  provided 
with  a  court,  consisting  of  a  Chief  Justice  and  two  Asso- 
ciate Justices,  appointed  by  the  President.  The  jurisdic- 
tion of  the  territorial  courts  extends  to  cases  arising 
within  the  territory,  under  the  laws  of  Congress  and  of 
the  territories,  and  appeals  are  taken  to  the  Supreme 
Court. 

VII.  Officers  of  the  Courts.  —  The  Attorney-General 
is  the  official  representative  of  the  government  before  the 
Supreme  Court.  He  is  usually  represented  by  one  of  his 
assistants.  This  court  has  a  clerk  tcj  record  its  jiroceed- 
ings,  and  a  reporter  to  publish  its  decisions.     Each  Circuit 


JUDICIAL   DEPARTMENT.  177 

Courrhas  a  clerk  to  keep  the  record  of  the  business  done. 
These  courts  have  no  authorized  reporter.  Decisions  of 
tliese  courts  are  published,  either  by  tlie  judge  who 
renders  them,  or  by  some  attorney  of  the  court  under  the 
judge's  sanction.  Each  district  also  has  a  clerk,  and 
decisions  are  published  in  the  same  manner  as  by  circuit 
courts.  In  each  district  there  is  a  District  Attorney, 
ap})ointed  by  the  President.  He  is  to  represent  the 
government  in  all  criminal  prosecutions,  and  in  all  circuit 
cases  in  which  the  United  States  lias  an  interest. 

This  court  has  a  marshal,  also,  who  enforces  the  decrees, 
or  judgments  of  the  court,  and  performs  services  similar  to 
those  j^erformed  by  sheriffs  in  state  courts.  The  District 
Attorney  and  Marshal  act  for  the  Circuit  Court  within 
and  for  their  district.  Each  Territorial  Court,  and  the 
Court  of  the  District  of  Columbia,  also,  has  a  district 
attorney,  marshal,  and  clerk.  All  these  courts,  except 
the  Supreme  Court,  the  Court  of  the  District  of  Columbia, 
and  the  Court  of  Claims,  have  grand  juries  and  trial  juries, 
who  perform  duties  the  same  as  those  of  state  courts,  of 
which  the  student  may  have  alread}'  learned. 

VIII.  Terms  of  Service.  —  The  judges  of  all  the 
courts  are  appointed  by  the  President,  and  confirmed  by 
the  Senate.  They  hold  their  offices  during  life,  unless 
they  resign,  or  are  dismissed  by  impeachment ;  except 
territorial  judges,  who  serve  four  years  unless  sooner  re- 
moved. It  is  thought  that  judges  who  hold  by  so  firm  a 
tenure  as  that  will  be  more  independent  in  the  discharge 
of  their  duties,  will  be  more  disposed  to  hold  to  the  law 
and  to  the  right,  without  regard  to  public  opinion  or  to 
the  pressure  of  politicians;  whereas,  judges  elected,  or 
appointed  for  short  terms,  will  be  liable  to  try  to  please 


178  JUDICIAL   DEPARTMENT. 

the  cippointiiig  power,  and  will  be  less  independent.  For 
the  same  reason,  the  constitution  provides  that  their 
salaries  cannot  be  diminished  during  their  terms  of  ser- 
vice. Thus,  they  have  no  reason  to  fear  popular  clamor 
or  any  displeasure  of  Congress.  The  District  Attorney 
and  Marshal  are  appointed  by  the  President  and  Senate, 
and  they  hold  their  offices  for  four  years,  but  may  be  re- 
moved at  any  time  by  the  President.  The  clerks  are  ap- 
pointed by  the  judges,  and  hold  their  offices  during  the 
pleasure  of  t.he  judges. 

IX.  Trials.  —  The  methods  of  trials  in  tlie  courts  do 
not  differ  greatly  from  what  the  student  may  have  already 
learned  on  this  subject.  The  methods  used  in  the  state 
courts  are  the  same,  substantially,  as  those  used  by  the 
courts  of  the  United  States.  The  fifth  amendment  to 
the  constitution  provides  for  indictment  by  a  grand  jury 
in  all  criminal  cases.  The  process  of  selecting  the  grand 
jury  is  somewhat  different  from  that  employed  for  obtain- 
ing the  grand  juries  of  state  courts,  but  the  duties  of  the 
two  bodies  are  the  same.  Article  III.  of  the  constitu- 
tion provides  that  the  trial  in  all  criminal  cases  shall  be 
by  a  jury,  except  in  cases  of  impeachment.  This  excep- 
tion is  practically  extended  to  such  violations  of  the  ar- 
ticles of  war,  adopted  by  Congress  for  the  government  of 
the  army  and  navy,  as  amount  to  crimes.  Such  crimes 
are  tried  by  courts-martial,  composed  of  officers  of  the 
service. 


JUDICIAL   DEPAKTMENT,  ITl* 


CHAPTER    XXI. 

JUDICIAL    DEPA R TMENT.  —  Continued. 

X.  Jurisdiction  of  United  States  Courts.  —  The  word 
••  jurisdictiuu  "  has  been  used  frequently,  and  it  is  time  to 
define  it.  It  is  formed  from  two  Latin  words,  "jus,"  <i 
right,  and  "dictio,"  a  speaking.  Together  they  mean  a 
speaking  by  right,  or  the  right  of  speaking.  When  ap- 
plied to  courts,  the  new  word  means  a  right  to  hear  and 
to  decide  a  case.  Courts  do  not  have  a  right  to  hear  and 
to  decide  any  suit  that  may  be  brouglit  to  them.  The  busi- 
ness of  courts  would  be  much  mixed  up  if  they  had  that 
right.  There  is  as  much  need  for  order  and  system  in  the 
practice  of  courts,  as  in  the  proceedings  of  Congress  or  in 
conducting  a  business  enterprise.  For  this  reason  some 
courts  are  authorized  to  try  petty  cases  only,  small  cases, 
such  as  under  a  state  government  may  be  tried  by  a  justice 
of  the  peace.  Some  courts  cannot  hear  suits  relating  to 
some  subjects,  as,  in  the  states,  probate  matters  are  con- 
fined to  one  class  of  courts,  and  some  of  the  courts  cannot 
try  cases  involving  title  to  real  estate.  Other  courts  can 
entertain  such  suits  only  as  arise  under  certain  laws. 
State  courts  can  have  power  to  try  such  suits  only  as  arise 
or  grow  out  of  the  constitution  and  laws  of  that  state. 
So  the  courts  of  the  United  States  should  be,  and  are, 
authorized  to  try  such  suits  only  as  arise  or  grow  out  of 
the  constitution,  laws,  and  treaties  of  tlie  United  States ; 
they  can  try  such  suits  only  as  the  constitution  permits 


180  JUDICIAL   DEPARTMENT. 

them  to  try.  There  are  nine  dasses  of  cases  which  tlie 
constitution  directs  the  courts  of  the  United  States  to 
entertain. 

1.  All  cases,  in  law  or  equity,  arising  under  the  consti- 
tution, the  laws  of  the  United  States,  or  of  treaties  made 
under  their  authority.  If  the  laws  are  passed,  and  the 
treaties  are  made,  under  the  authority  of  the  constitution, 
then  all  cases  arising  under  those  laws  and  treaties  arise 
under  the  constitution.  Whenever  the  proper  construc- 
tion or  interpretation  of  any  part  of  the  constitution,  or  of 
any  law,  of  the  United  States,  or  treaty  between  the  United 
States  and  a  foreign  nation,  can  be  called  for,  or  is  needed, 
in  a  suit,  that  suit  arises  under  the  constitution,  laws,  or 
treaty  of  the  United  States,  and  can  be  brought  in  the 
courts  of  the  United  States. 

If  sucli  suit  should  be  brouglit  in  a  state  court,  it  can 
be  transferred  to  the  courts  of  the  United  States,  as 
soon  as  that  fact  appears  to  the  court.  It  would  not  be 
wise  for  the  general  government  to  permit  the  state 
courts  to  decide  upon  the  meaning  of  the  constitution 
or  laws  or  treaties  of  the  United  States.  A  sovereign 
nation  must  be  its  own  judge  of  its  duties.  It  must  not 
submit  the  interpretation  of  its  own  laws  to  the  arbi- 
tration of  any  other  power.  Besides,  all  such  construction 
or  interpretation  as  determines  the  meaning  of  the  consti- 
tution, laws,  or  treaties  of  the  United  States  should  be  uni- 
form, and  be  based  upon  the  same  principles.  This  can  be 
only  when  one  court  gives  the  construction.  It  is  not  pos- 
sible to  suppose  that  the  supreme  courts  of  thirty-eight  dif- 
ferent states,  many  of  them  with  directly  opposite  interests, 
could  agree,  independently,  upon  the  same  construction  of 
the  laws  or  constitution  of  the  United  States.     It  is  cer- 


JUDICIAL   DEPARTMENT.  181 

t;iin  that  they  would  not  agree.  People  guide  their  ac- 
tions so  as  to  conform  with  the  law  of  the  land  in  which 
they  reside,  and  the  decisions  of  the  courts  have  the  force 
and  effect  of  law.  With  different  constructions  of  a  law, 
given  by  courts  in  different  parts  of  the  country,  people 
would  be  at  a  loss  to  know  how  to  act.  The  constitution 
and  laws  of  each  state  are  construed  by  the  supreme 
court  of  that  state  for  the  guidance  of  the  citizens  of  that 
state,  and  of  all  interested ;  and  the  constitution,  laws, 
and  treaties  of  the  United  States  are  construed  by  the 
Supreme  Court  of  the  United  States  for  the  guidance  of 
its  citizens,  and  of  all  interested  in  them. 

2.  Ambassadors,  other  public  ministers,  and  consuls 
are  accredited  by  one  nation  to  another,  and  are,  by  usage, 
if  not  by  treaty,  placed  under  the  protection  of  the  gov- 
ernment to  which  they  are  sent.  For  this  reason,  the 
courts  of  the  United  States  must  have  exclusive  jurisdic- 
tion over  all  suits  in  which  such  persons  are  interested. 
The  words  of  the  constitution  apply  to  all  officers,  whether 
in  the  service  of  the  United  States  or  of  a  foreign  country 
accredited  to  the  United  States. 

3.  European  nations  bordering  upon  the  ocean  or  the 
great  seas  have  always  had  courts  that  had  exclusive 
jurisdiction  of  suits  arising  from  ships  and"  seamen.  As 
ships  of  war,  in  England,  were  under  the  command  of  an 
admiral,  the  courts  that  tried  suits  arising  from  war-ships 
were  called  courts  of  admiralty,  and  the  courts  that  tried 
suits  arising  from  merchant-ships  were  called  maritime 
courts.  As  we  have  seen  heretofore,  the  boundaries  of 
states  stop  at  the  edge  of  the  ocean,  as  do  also  their  juris- 
diction, while  the  boundaries  and  jniisdiction  of  the  United 
States  extend  far  into  the  water.     Thus,  all  ships,  even 


182  JUDICIAL   DEPARTMENT. 

though  belonging  to  cdtizens  of  states,  or  of  foreign  nations, 
while  near  the  coast,  on  the  ocean,  or  "  high  seas,"  as  it  is 
often  called,  are  within  the  power  of  the  United  States, 
and  the  courts  of  the  nation  are  given  exclusive  jurisdic- 
tion over  them  and  over  any  property  which  they  may 
contain. 

4.  As  a  sovereign  nation  cannot  permit  another  nation 
to  determine  its  duties  for  it,  nor  to  construe  its  laws,  so 
it  cannot  permit  an  inferior  or  subordinate  power  to  do 
so.  The  states  are  inferior,  and,  in  great  measure,  subor- 
dinate, to  the  United  States,  and  the  courts  of  the  states 
should  not  be  allowed  to  sit  in  judgment  upon  the  interests 
of  the  nation.  All  cases,  therefore,  in  which  the  nation 
has  any  interest,  must  be  tried  in  tlie  United  States  courts. 

5.  When  two  nations,  equal  in  authority  and  dignity, 
disagree,  neither  one  should  have  the  right  to  settle  the 
disagreement ;  the  matter  of  disagreement  should  be,  and 
usually  is,  left  to  the  decision  of  some  third  power,  sup- 
posed to  be  friendly  to  both.  So,  when  two  states  are 
involved  in  a  suit,  the  courts  of  neither  one  should  have 
the  right  to  decide.  As  both  states  are  equal  in  authority 
and  dignity,  and  as  the  United  States  is  supposed  to  be 
equally  friendly  and  impartial  to  both,  there  is  reason  in 
the  provision  of  the  constitution  by  which  the  courts  of 
the  nation  take  jurisdiction  and  decide. 

6.  For  the  same  reason,  as  stated  in  the  fifth  paragraph 
above,  the  courts  of  the  United  States  decide  all  cases 
between  states  and  citizens  of  other  states.  The  words 
of  the  constitution,  as  originally  ado])ted,  were  construed 
by  the  Supreme  Court  to  mean  that  a  citizen  of  one  state 
could  sue  a  state  in  the  United  States  courts.  As  this 
construction  was  inconsistent  with  that  {even  restricted} 


JUDICIAL   DEPARTMENT.  183 

grade  of  sovereignty  claimed  b}-  the  states,  an  amend- 
ment was  adopted  in  1798  ^Art.  II),  prohibiting  suits  of 
that  nature. 

7.  For  reasons  stated  above  in  the  last  two  paragraphs, 
suits  between  citizens  of  two  states  are  tried  in  the  courts 
of  the  United  States, 

8.  Before  the  adoption  of  the  constitution,  several  col- 
onies had  made  grants  of  land  lying  in  the  districts 
claimed  by  other  colonies.  In  some  instances,  the  same 
land  was  granted  by  two  colonies  to  different  persons.  It 
was  thought  very  probable  that  the  courts  of  the  states 
making  the  grants  would  sustain  the  action  of  their  states, 
which  might  result  in  serious  complications  of  titles. 
The  constitution,  therefore,  wisely  provides  that  in  cases 
of  such  double  grants,  the  courts  of  the  United  States 
shall  have  exclusive  jurisdiction,  even  though  all  the 
parties  interested  reside  in  one  state. 

9.  Following  out  the  reasons  stated  in  the  last  four 
l)aragraphs,  the  constitution  provides  that  in  all  cases 
between  states,  or  citizens  thereof,  on  the  one  side,  and 
any  foreign  state  or  any  citizens  or  subject  thereof,  on 
the  other  side,  the  courts  of  the  United  States  shall  have 
jurisdiction. 

XI.  Territorial  Jurisdiction.  —  The  courts  of  the  sev- 
eral territories  have  jurisdiction  to  try  all  cases  that  arise 
within  the  territory  under  the  laws  of  their  respective 
territories,  as  well  as  in  the  other  cases  mentioned  in  the 
list  treated  of  above.  In  the  District  of  Columbia,  the 
court  of  that  district  has  jurisdiction  of  such  cases  only 
as  arise  within  the  district.  The  District  Courts  are  con- 
fined, in  their  jurisdiction,  to  cases  arising  within  the 
limits  of  their  districts.     For  instance,  in  tlie  district  of 


184  JUDICIAL   DEPARTMENT. 

Rhode  Island,  all  cases  that  arise  in  that  state  must  be 
tried  in  the  District  Court  of  Rhode  Island.  In  Iowa, 
cases  arising  in  the  southern  half  of  the  state  must  be 
tried  in  the  District  Court  of  the  southern  district  of 
Iowa,  and  those  arising  in  the  northern  part  of  the  state 
must  be  tried  in  the  District  Court  of  the  northern  dis- 
trict of  Iowa.  The  Circuit  Court  cannot  have  jurisdiction 
of  any  case  that  arises  outside  the  limits  of  its  circuit. 

So,  appeals  from  a  District  Court  to  a  Circuit  Court  are 
taken  to  that  court  in  whose  circuit  the  District  Court  is 
situated.  All  this  is  the  positive  command  of  the  consti- 
tution, with  respect  to  trials  for  crimes.  •The  laws  of 
Congress  apply  the  rule  to  civil  cases.  It  is  best  that  all 
cases  should  be  tried  as  near  as  possible  to  the  place 
where  they  arise,  so  as  to  avoid  the  expense  of  taking 
witnesses  and  parties  great  distances.  In  criminal  trials 
it  is  especially  important,  for  tlie  accused  ought  to  be  tried 
in  a  locality  where  he  may  have  friends  to  help  him,  and 
where  his  witnesses  can  be  secured  without  great  expense. 
It  has  already  been  shown  that  this  is  a  right  guarantied 
by  the  constitution.  In  each  district  a  town  or  city  is  des- 
ignated by  law  for  the  sessions  of  the  District  and  Cir- 
cuit Courts  for  that  district.  There  the  court  records  are 
kept,  in  a  building  usually  erected  by  the  government. 

XH.  Impeachment. —  The  trial  by  impeachment  is  a 
judicial  act,  although  it  is  performed  by  the  legislative 
branch  of  the  g\)vernment.  The  constitution  declares  that 
the  President,  Vice-President,  and  all  the  civil  officers  of 
the  United  States  shall  be  removed  from  office  by  im- 
peachment for,  and  conviction  of,  treason,  bribery,  or 
otlier  high  crimes  and  misdemeanors.  The  members  of 
Congress  are  not  included  in  the  list  of  civil  officers;  they 


JUDICIAL  DEPARTISrENT.  185 

can  be  removed  from  office  only  by  the  vote  of  two-thirds 
of  the  house  to  which  each  belongs.  The  "  high  crimes 
and  misdemeanors "  of  which  a  civil  officer  may  be  con- 
victed by  impeachment  includes  all  the  more  serious  of- 
fenses named  in  the  list  of  crimes  ;  misdemeanors  are  the 
terms  by  which  the  less  serious  offenses  are  known.  In 
addition  to  these  may  also  be  reckoned  offenses  of  such  a 
nature  as  make  them  unfit  for  the  discharge  of  the  duties 
of  their  offices :  some  of  these  are  political,  and  some  are 
moral.  There  is  no  rule  declaring  what  is,  and  what  is 
not,  an  im[)eachable  offense. 

lMrEACH:MENT.  The  House  of  Representatives  im- 
peaches, and  the  Senate  conducts  the  trial.  The  methods 
and  proceedings  in  impeachment  are  usually  as  follows : 
A  member  of  the  House  introduces  a  resolution  which 
declares  that  such  an  officer,  naming  him,  ought  to  be 
impeached  and  tried  for  crimes  which  the  resolution  speci- 
fies in  general  terms  or  in  detail.  Or,  a  resolution  may, 
in  like  manner,  be  introduced,  instructing  a  committee 
named  to  examine  and  to  report  if  such  an  officer  should 
not  be  impeached  and  tried  for  crimes  named.  In  either 
case,  if  the  House  agrees  to  tlie  resolution,  it  is  sent  to  a 
committee,  usually  to  the  Judiciary  Committee.  The  com- 
mittee makes  an  examination  of  the  facts  and  of  the  law, 
and  if  it  finds  a  cause  for  impeachment,  it  so  reports  to  the 
House,  at  the  same  time  presenting  articles  of  impeach- 
ment against  the  officer.  These  articles  set  out  fully,  very 
much  after  the  manner  of  an  indictment  in  a  court  of  law, 
all  the  details  of  time,  place,  and  other  circumstances  of 
the  offense.  If  these  articles  are  adopted  by  the  House, 
they  are  sent  to  the  Senate.  This  body  then  resolves 
itself  into    a  Court  of   Impeachment,  and   summons   the 


186  JUDICIAL   DEPARTMENT. 

officer  named  to  appear  and  to  plead  to  the  articles.  The 
articles  are  presented  by  a  committee  selected  by  the 
Honse,  and  called  IManagers,  who  conduct  tlie  prosecution 
on  behalf  of  the  House. 

The  trial  is  conducted  very  iriuch  like  an  ordinary 
law-suit.  The  Senate  is  the  judge  at  the  same  time  that 
it  is  the  jury.  When  the  President  is  on  trial,  the  Chief 
Justice  of  the  Supreme  Court  presides.  In  other  trials, 
the  ordinary  presiding  officer  of  the  Senate  acts.  Testi- 
mony is  taken  on  both  sides  if  desired,  and  addresses  are 
made  by  the  managers  and  by  the  attorneys  for  the  de- 
fendant officer.  The  senators  give  their  votes,  with  or 
without  a  statement  of  their  reasons.  Tlieir  reasons  maj' 
be  given  orally  or  in  writing.  Two-thirds  of  all  the  mem- 
bers of  the  Senate  must  vote  for  conviction  in  order  to 
convict. 

The  judgment  of  conviction  cannot  extend  bej^ond 
removal  from  office,  and  a  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit,  under  the  constitution  for- 
ever. The  President  has  no  power  to  pardon,  reprieve, 
or  commute  the  sentence.  If  tlie  crime  for  which  the 
officer  is  impeached  is  also  a  crime  against  the  ordinary 
law  of  the  land,  he  is  still  liable  to  be  tried  and  convicted 
as  an  ordinary  criminal  for  the  offense,  whether  he  is  con- 
victed or  not  on  the  articles  of  impeachment. 


RELATIONS   OF   THE   STATES.  1^7 


CHAPTER   XXII. 

RELATIONS   OF   THE   STATES. 

The  state  has  sole  authority  in  all  its  own  local  affairs. 
The  state  government  provides  for  the  organization  of 
counties,  cities,  and  school  districts,  and  it  may  repeal 
such  provisions  and  make  new  ones  at  its  pleasure.  All 
the  machinery  for  the  government  of  the  states  is  the  cre- 
ation of  the  people  of  the  whole  state,  acting  as  a  unit. 
The  state  must  exist  before  the  counties  and  other  sub- 
divisions of  a  state  can  exist.  Neither  towns,  cities,  nor 
counties  have  any  rights  of  self-government  except  what 
are  given  to  them  by  the  constitution  or  by  the  laws,  and 
such  rights  may  be  withdrawn  by  the  state.  The  organ- 
ization of  the  national  government  is  upon  a  different  plan. 
Before  the  formation  of  the  constitution,  there  were  thir- 
teen colonies,  each  independent  of  each  other,  each  pos- 
sessing a  right  to  self-government  in  all  respects.  The 
Articles  of  Confederation  professed  to  place  some  restric- 
tions upon  these  rights,  but  such  restrictions  existed  only 
on  paper.  Upon  the  formation  of  the  constitution,  there 
was  reserved  to  the  states  then  forming  the  new  nation, 
and  to  other  states  that  might  thereafter  come  into  the 
union,  a  portion  of  the  riglits  which  each  of  the  colonies 
had  possessed.  These  rights,  so  reserved,  were,  as  we  have 
seen,  such  as  relate  to  local  affairs.  The  wider  affairs, 
dealing  with  foreign  nations,  providing  for,  and  attending 
to,  the  common  welfare,  were  given  into  the  keeping  of 


188  EELATIONS   OF   THE    STATES. 

the  national  government.  Nearly  all  the  rights  reserved 
to  tlie  states,  and  nearly  all  the  authority  granted  to  the 
general  government,  are  ennmerated  in  the  constitution. 
We  have  found  that  certain  authority  v\^as  given  to  Con- 
gress, and  certain  power  prohibited.  In  our  farther  study 
of  the  form  of  the  government,  we  shall  find  that  there 
are  prohibitions  upon  the  states  and  prohibitions  upon  the 
general  government.  The  result  of  all  the  provisions  of 
the  constitution  is  that  tlie  general  government  is  inde- 
pendent and  supreme  in  all  the  relations  of  the  nation 
with  other  nations,  and  in  all  matters  that  affect  the  peo- 
ple of  two  or  more  states  or  of  all  the  states  equally,  with 
power  to  decide  upon  the  extent  of  its  own  authority  and 
to  enforce  its  own  decisions.  Inside  this  general  govern- 
ment are  thirty-eight  smaller  governments,  independent  of 
each  other,  and  of  the  general  government  in  all  matters 
of  reserved  rights  in  local  affairs.  The  extent  and  limita- 
tions of  this  independence  are  largely  within  the  determina- 
tion of  the  general  government.  It  Avill  be  seen,  hereafter, 
that  two-thirds  of  the  states  may  change  the  character  and 
extent  of  this  independence,  at  pleasure,  except  in  one 
particular.  In  that  one  respect,  it  requires  the  unanimous 
assent  of  all  the  states. 

Prohibitions  upon  the  States.  —  As  we  have  seen  that 
all  powers  not  granted  to  the  United  States,  nor  expressly 
prohibited  to  the  states,  are  reserved  to  the  states  or  to  the 
people  thereof,  we  come  now  to  consider  the  powers  that 
are  expressly  prohibited  to  the  states. 

1.  Alliance.  By  the  terms  of  the  constitution,  no 
state  can  enter  into  any  treaty,  alliance,  or  confederation. 
In  another  portion  of  tlie  constitution,  the  power  to  make 
treaties  is  conferred  upon  the  President  and  the  Senate. 


RELATIONS    OF   THE   STATES.  189 

A  treaty  is  an  agreement  between  two  independent  states 
concerning  any  matter  that  affects  them  both,  —  usually 
applied  to  those  matters  of  mutual  interest  touching  trade 
or  the  intercourse  of  citizens.  An  alliance  is  a  contract 
to  act  together,  in  case  of  war,  or  of  threats  of  war.  A 
confederation  is  a  union  of  two  or  more  governments  in 
such  manner  that  all  act  together  under  one  government, 
yet  retaining  separate  sovereignty  over  some  matters  as 
agreed  upon.  These  are  powers  that  could  not  be  per- 
mitted to  the  states  with  safety  to  the  nation.  The  theory 
of  the  government  is  that  the  nation  is  supreme,  and  to 
which  the  states,  as  organizations,  are  subordinate.  The 
power  to  make  treaties  and  alliances  has  already  been  con- 
ferred upon  the  national  government,  and  this  is  a  power 
that  could  not  be  granted  at  the  same  time  to  the  states. 
There  would  be  danger  that  the  treaties  and  alliances 
might  conflict  one  with  another.  There  can  be  but  one 
supreme  power  in  a  government.  Besides,  the  treaties 
and  alliances  which  the  individual  states  might  make 
would  naturally  be  such  as  would  be  for  the  api)arent 
interest  of  the  people  of  the  states  making  them,  at  the 
same  time  that  they  might  be  adverse  to  the  interests  of 
the  people  of  other  states,  and  of  the  whole  nation  at 
large.  The  student  can  see  that  such  a  state  of  affairs 
would  not  be  endurable. 

But  this  prohibition  goes  beyond  a  denial  of  the  right 
of  a  state  to  make  a  treaty,  alliance,  or  confederation  with 
foreign  powers.  It  is  also  a  prohibition  upon  their  power 
to  make  treaties,  alliances,  and  confederations  with  one 
another  or  among  themselves.  Under  the  terms  of  the 
constitution,  and  the  peculiar  organization  of  the  general 
government,  there  could  be  no  oppression  of  any  state,  or 


190  RELATIONS    OF   THE   STATES. 

class  of  states,  except  by  an  alliance  of  other  states.  The 
general  government  looks  after  the  interests  of  all.  There 
would  be  no  necessity  for  an  alliance  of  any  of  the  states 
for  protection  against  the  others  or  against  the  United 
States  government.  It  would  be  manifestly  improper  for 
states  to  form  alliances  against  one  another  when  the 
interests  of  all  should  be  identical.  The  government  could 
not  exist  if  alliances  were  allowed  to  be  formed  against 
the  general  government.  The  framers  of  the  constitution 
thought  that  occasions  might  arise  which  would  render  this 
prohibition  upon  the  states  undesirable.  The  same  article 
empowers  Congress  to  remove  the  restriction,  and  to  per- 
mit such  alliances.  Whether  Congress  could,  by  general 
laws,  abrogate  this  constitutional  j^rovision  so  as  to  allow 
unlimited  permission  to  the  states  in  this  matter,  may  well 
be  doubted.  It  is  more  probable  that  each  case  of  such 
alliance  would  have  to  be  presented  to  Congress,  accom- 
panied by  a  full  statement  of  the  reasons  making  its  con- 
sent proper.  No  such  consent  has  ever^been  given  so  far 
in  the  history  of  the  nation.     [Art.  I.,  sec.  10.] 

2.  War.  In  considering  the  powers  given  to  Congress, 
we  have  found  that  the  constitution  confers  upon  Con- 
gress the  power  to  declare  war,  to  issue  letters  of  marque 
and  reprisal,  to  raise  and  support  armies,  to  create  and 
maintain  navies,  to  organize  and  call  forth  the  militia,  and 
to  make  all  the  rules  and  regulations  needed  for  the  gov- 
ernment of  the  armies  and  navies,  for  disciplining  and 
arming  the  militia,  and  for  disposing  of  the  captures  by 
land  and  water.  All  these  powers  belong  to  the  war- 
making  power.  They  must  belong  exclusively  to  one 
department  of  a  government.  If  they  belong  to  the 
national  government,  they  must  be  withheld  from  the  state 


RELATIONS   OF   THE   STATES.  101 

governments.  The  jiower  to  make  war,  and  to  do  the 
other  acts  leading  to  war,  are  expressly  prohibited  to  the 
states.  Under  certain  circnmstances,  and  with  certain 
conditions,  the  constitution  allows  states  to  keep  troops 
and  ships  of  war  in  time  of  peace,  and  to  engage  in  war. 
To  these  Congress  may  give  its  consent.  It  might  happen 
that  a  border  state  might  be  so  menaced  by  an  unfriendly 
neighboring  power  that  its  safety  and  peace  would  be 
increased  by  the  formation  of  an  army  from  its  own  militia, 
in  such  manner  as  to  be  less  expensive  than  the  keeping 
of  a  standing  army  by  the  nation  upon  its  frontier.  The 
consent  of  Congress  to  that  state  of  affairs  is  allowed  by 
the  constitution.  If  actually  invaded,  or  if  in  such  dan- 
ger of  attack  by  a  foreign  power  as  would  make  delay 
dangerous,  a  state  has  the  right  to  engage  in  war.  As 
soon  as  the  danger  is  passed,  or  as  soon  as  the  general  gov- 
ernment has  time  to  bring  its  army  to  the  defense  of  the 
state  attacked,  the  state  troops  will  then  be  withdrawn,  or 
be  held  in  service  under  the  command  of  the  nation, 
[Art.  I.,  sec.  10.] 


192  RELATIONS  OF  THE  STATES. 


CHAPTER   XXIII. 

RELATIONS    OF   THE   STATES.— Continued. 

3.  Money.  The  states  cannot  emit  bills  of  credit. 
These  are  notes  intended  to  be  used  as  money.  The 
"  greenbacks,"  issued  by  the  national  government,  are 
bills  of  credit  as  meant  by  the  constitution.  This  authority 
is  given  to  Congress.  If  each  state  should  be  allowed  to 
issue  these  bills  at  pleasure,  there  could  be  little,  if  any, 
security  that  the  amount  would  not  exceed  the  demands 
of  business.  The  power  to  issue  these  bills  is  an  impor- 
tant power,  and  its  exercise  has  great  influence  upon  all 
departments  of  business,  and  the  authority  to  issue  them 
should  be  confined  to  one  department.  For  the  same 
reason,  too,  the  states  may  not  compel  the  citizens  to 
receive,  as  money,  anything  but  gold  or  silver.  The 
business  of  the  United  States  is  so  intimately  connected, 
organized  upon  the  theory  that  the  United  States  is  one 
nation,  and  that  the  states  are  but  parts  thereof,  that  there 
could  be  no  regularity  in  that  business  if  the  currency 
should  be  based  upon  different  values  in  different  states. 
In  one  state,  whose  credit  was  good,  a  paper  dollar  might 
be  worth  its  face  value;  in  another  state, -whose  credit 
was  not  good,  the  pa})er  dollar  might  be  worth  but  fifty 
cents.  Such  irregularity  in  currency  would  seriously  affect 
business.  If  we  are  one  people,  we  must  have  but  one 
currency,  and  that  must  be  based  upon  actual  values,  and 
all  be  regulated  by  one  central  authority.   [Art.  I.,  sec.  10.] 


KELATIONS    OF   THE   STATES.  193 

4.  Impairing  Contracts.  In  treatiDg  the  Bill  of 
Rights,  we  have  seen  that  neither  the  guverinnent  of  the 
United  States  nor  of  any  of  the  states  can  pass  a  bill  of 
attainder,  or  an  ex  post  facto  law.  There  is  a  farther  pro- 
vision, in  favor  of  justice,  that  no  state  can  pass  any  law 
impairing  the  obligation  of  a  contract.  A  contract  is  an 
agreement  to  do  or  not  to  do  a  thing  named.  The  obliga- 
tion of  a  contract  is  understood  to  be  that  duty  of  per- 
forming it  which  is  recognized  and  enforced  by  the  law. 
If  the  laws  can  be  changed  after  a  contract  is  made,  so  as 
to  release  one  of  the  parties  to  the  contract  from  the  duty 
of  performing  his  part  of  the  agreement,  the  obligation  of 
that  contract  is  impaired.  A  law  is  plainly  unjust  that 
would  deprive  a  contractor  of  the  right  to  enforce  it,  or 
that  would  so  change  the  remedy  as  to  make  the  right 
wortldess.  When  a  contract  is  made  between  A  and 
B,  the  property  then  occupied  l)y  A,  as  a  homestead,  is 
liable  to  be  taken  for  the  payment  of  his  debts,  under 
the  law,  and  he  has  no  other  property.  Afterwards,  and 
before  the  maturity  of  the  contract,  the  law  is  changed 
so  that  the  property  occupied  by  A  would  not  be  lial)le 
for  such  a  debt  as  that  contract  would  create.  If  that 
law  could  be  a[)plied  to  the  contract  between  A  and  B, 
and  then  deprive  B  of  any  probability  of  collecting  his 
debt  from  A,  that  would  be  a  law  impairing  the  obliga- 
tion of  a  contract.  It  would  be  a  very  unjust  law  that 
would  work  liardshi})  to  those  affected  by  it.  It  would  not 
be  often  that  a  legislature  would  intentionally  pass  a  law 
impairing  the  obligation  of  a  contract,  but  laws  are  often 
draw]i  very  carelessly,  and  have  a  meaning  not  contem- 
})lated  by  the  legislature.  Courts  construe  laws  by  the 
usual  meaning  of  the  words,  and   not   by  the    intended 


194  RELATIONS    OF   THE   STATES. 

meaning.  Most  of  the  states  have  a  constitutional  pro- 
vision of  the  same  character  as  this  prohibition,  and  their 
own  conrts  would  declare  any  such  law  void.  [Art.  I., 
sec.  10.] 

5.  Nobility.  It  has  already  been  shown  that  the 
United  States  cannot  grant  titles  of  nobility  (page  116). 
There  is  more  reason  why  the  states  should  be  deprived 
of  that  power.  Titles  of  nobility  create  classes,  or  distinc- 
tions of  rank,  based  on  other  foundations  than  that  of 
merit  or  character.  Such  distinctions  of  classes  create  an 
aristocracy,  which  is  inconsistent  with  a  republican  form 
of  governuient,  wherein  all  the  citizens  have  equal  rights 
and  privileges  under  the  laws.     [Art.  I.,  sec.  9.] 

6.  Taxes  and  Duties.  The  power  to  levy  impost 
duties  has  been  given  to  Congress,  and  the  revenue  col- 
lected from  importations  is  expended  for  the  benefit  of  all 
the  people  of  the  nation.  But  the  importations  enter  at 
a  very  few  ports.  If  each  state  was  allowed  to  levy  a 
duty  upon  all  goods  entering  that  state,  and  to  apply  the 
revenue  so  derived  to  its  own  benefit,  a  few  states  would 
receive  most  of  the  benefit  from  such  importations.  These 
ine(|ualities  could  not  be  satisfactory  to  the  people  of  the 
other  states^  and  would  not  be  just.  Besides,  such  a  con- 
dition of  affairs  would  create  rivalry  among  the  states,  and 
cause  a  decrease  in  the  rates  of  duty,  and  also  compel  the 
levy  of  a  duty  on  goods  brought  from  one  state  into 
another.  Such  duties,  in  a  nation,  ought  to  be  uniform, 
and  ought  to  be  collected  by  the  general  government  for 
the  benefit  of  the  whole  nation. 

But  the  people  of  each  state  are  especially  interested  in 
the  sanitary  condition  of  its  ports,  more  interested  than 
the    peo})le    of   other   states   in   keeping  out  unhealthful 


RELATIONS  OF  THE  STATES.  195 

goods  and  luihealthy  people.  For  the  purpose  of  attend- 
ing to  these  matters,  the  constitution  gives  to  tlie  states 
2)ower  to  make  and  to  enforce  rules  and  regulations  for 
the  inspection  of  vessels,  immigrants,  and  goods  enter- 
ing its  ports,  and  to  impose  the  payment  of  such  fees 
as  shall  pay  the  expenses  of  such  inspection.  In  order 
that  the  states  may  not  use  this  privilege  as  a  cover 
for  raising  revenue,  all  the  surplus,  if  any  remains  after 
I)a3'iug  the  costs  of  such  inspection,  must  be  paid  to  the 
United  States,  and  Congress  may  revise  and  control  all 
such  rules  and  regulations.  A  fee  collected  from  vessels; 
for  paying  the  cost  of  keeping  the  wharves,  harbors,  and 
channels  in  order  is  called  a  tonnage  duty.  Vessels  pay 
this  duty  in  proportion  to  their  carrying  capacity.  States 
may  levy  a  tonnage  duty  for  the  purpose  named  under 
the  revisory  })ower  of  Congress,  but  not  otherwise.  [Art.  I., 
sec.  10.] 

7.  Fugitive  Slaves.  The  third  clause  in  the  second 
section  of  Article  IV.  is  not  of  much  value  now.  It  was 
inserted  for  the  benetit  of  those  states  whose  citizens  held 
slaves.  It  was  a  prohibition  upon  tlie  several  states,  re- 
straining them  from  making  any  regulation,  by  which 
slaves,  escaping  from  their  masters,  and  lieeing  into  other 
states,  should  be  made  free.  During  the  fierce  discussions 
concerning  the  subject  of  slaveiy,  in  later  years,  several 
of  the  states  did  pass  laws  intended  to  obstruct  the  slave- 
holders in  their  efforts  to  recapture  their  fugitive  slaves. 
However  commendable  those  regulations  were,  viewed  in 
the  light  of  humane  and  moral  ideas,  they  were  plainly 
violations  of  the  prohibitions  of  this  section  of  the  consti- 
tution. Now  that  slavery  has  been  abolished  in  all  the 
states,  this  prohibition  has  no    farther   use,   and    has    no 


196  RELATIONS   OF  THE   STATES. 

farther  interest  to  any  ona  but  to  the  student  of  history 
and  of  constitutional  law. 

8.  Civil  and  Personal  Rights.  The  fourteenth 
amendment  prohibits  the  states  making  or  enforcing  any 
law  which  shall  abridge  the  privileges  of  citizens  of  the 
United  States,  or  depriving  any  person  of  life,  liberty,  or 
property,  or  denying  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws.  This  section  was  adopted 
in  1868,  and  was  designed  to  remedy  a  serious  evil.  The 
war  of  1861-65  was  over,  and  the  slaves  formerly  held  had 
been  emancipated.  The  white  people  of  those  states,  how- 
ever, did  not  confer  upon  the  liberated  blacks  any  of  the 
rights  of  citizenship.  Under  the  laws  of  those  states,  as 
they  existed  before  the  war,  the  blacks  were  not  citizens 
nor  entitled  to  any  rights  of  citizens.  But  this  amend- 
ment confers  citizenship  upon  all  such  persons,  white 
and  black  alike. 

The  states  are  then  forbidden  by  law  to  abridge  any  of 
the  rights  of  citizenship,  or  to  permit  any  person  to  be 
deprived  of  life,  liberty,  or  property,  without  due  process 
of  law,  or  to  refuse  the  equal  protection  of  the  law  to  all 
persons  within  its  borders.  This  prohibition  is  very  broad 
and  very  strict,  more  so  than  is  generally  considered. 
Wlien  the  state  authorities  know  that  the  local  authori- 
ties and  the  courts  discriminate  between  citizens  in  the 
enforcement  of  the  laws,  —  holding  foreign-born  citizens 
by  a  rule,  stricter  than,  or  different  from,  tlie  rule  by 
which  native-born  citizens  are  held,  or  punishing  blacks 
for  acts  for  which  its  white  citizens  are  not  punished,  or 
inflicting  upon  the  blacks  heavier  penalties  than  they  visit 
upon  whites  for  identical  crimes,  —  that  state  manifestly 
violates  this  article  of  the  constitution. 


RELATIONS   OF  THE   STATES.  197 

9.  CiYiL  Rights.  The  United  States  courts  have  held 
that  the  first  section  of  the  fourteenth  amendment  did  not 
confer  upon  the  liberated  Llacks  a  right  to  vote,  nor  pro- 
hibit the  states  denying  to  them  tlie  right.  To  remedy 
the  defect  of  the  fourteenth  amendment,  the  fifteenth 
amendment  was  adopted,  providing  that  no  state  shall 
deny  or  abridge  the  right  of  its  citizens  to  vote,  on  ac- 
count of  race,  color,  or  previous  condition  of  servitude. 

A  prohibition  upon  the  power  of  a  state  to  do  any  act, 
in  the  nature  of  things  must  be  a  prohibition  upon  the 
power  of  the  citizens  of  that  state  to  do  that  particular 
act.  Whatever  the  state  permits  its  citizens  to  do,  it 
itself  does,  under  the  well-known  rules  of  the  common 
law  and  of  reason.  A  state  is  but  the  organized  form  by 
which  the  people  act;  the  people  themselves  really  consti- 
tute the  state ;  so  that,  whatever  is  done  b}^  the  people 
in  a  state,  must  be  held  to  be  done  by  the  state. 


198  RELATIONS  OF  THE  STATES. 


CHAPTER   XXIV. 

RELATIONS    OF    THE    STATES.— Continued. 

1.  Prohibitions    upon    the    United    States.  —  In    the 

treatment  of  the  Bill  of  Rights,  the  meaning  and  extent 
of  the  prohibitions  concerning  habeas  corpus,  bills  of  attain- 
der, and  ex  post  facto  laws  have  been  shown.  The  right 
to  the  writ  of  habeas  corpus  can  be  suspended  or  denied 
only  when  in  cases  of  rebellion  or  invasion  the  public 
safety  requires  it,  and  Congress  is  prohibited  passing  bills 
of  the  nature  of  the  other  two.  The  prohibition  applies 
to  the  whole  government,  so  far  as  it  is  applicable.  [Art. 
I.,  sec.  9.] 

2.  In  the  first  article  of  the  constitution,  it  is  provided 
that  direct  taxes  shall  be  apportioned  among  the  states  in 
proportion  to  the  number  of  their  inhabitants,  obtained  as 
follows :  Indians  not  taxed  are  not  to  be  counted :  all  free 
persons  are  counted,  and  also  three-fifths  of  all  other  per- 
sons. These  "  other  persons "  were  slaves.  In  the  con- 
stitutional convention,  the  delegates  from  the  free  states 
desired  that  the  slaves  should  not  be  counted  in  making 
the  apportionment  of  members  of  Congress  and  of  taxes, 
and  the  delegates  from  the  slave  states  wanted  the  slaves 
counted  in  full.  The  matter  was  compromised  by  count- 
ing a  slave  as  three-fifths  of  a  person,  for  both  purposes. 
Since  the  liberation  of  the  slaves,  the  phrase,  "  three-fifths 
of  all  other  persons,"  has  no  force.  A  direct  tax  is  a  tax 
levied  upon   propertj''  or  upon  an  individual :   if  levied 


ItKLATIONS    OF    THE    STATES.  199 

upon  an  individual,  it  is  called  a  capitation  tax.  The 
''  other  persons  "  referred  to  in  this  section  of  the  con- 
stitution were  years  ago  made  citizens,  and  their  rights 
as  such  were  fully  recogiuzed  as  far  as  changes  in  the 
fundamental  law  and  in  legislation  could  effect  it.  This 
clause  is  in  effect  obsolete,  and  possesses  historical  interest 
only.  Direct  taxes  have  been  very  rarely  apportioned; 
Congress  has  the  power  to  levy  them,  and  the  taxing- 
power  is  the  most  essential  and  vital  that  any  govern- 
ment has.  The  Confederation  failed  mainly  through 
lack  of  power  to  collect  money  and  pay  its  debts. 

3.  It  has  already  been  shown  that  Congress  is  forbidden 
to  levy  or  collect  any  export  duty  or  to  give  any  prefer- 
ence to  the  ports  of  any  state  in  its  regulation  of  trade, 
domestic  or  foreign.     [Art.  I.,  sec.  9.] 

4.  No  money  can  be  drawn  from  the  treasury  of  the 
United  States  except  in  consequence  of  an  appropriation 
made  by  law.  The  money  for  the  expenses  of  the  govern- 
ment, regular  and  extraordinary,  is  appropriated  by  Con- 
gress in  a  general  law.  The  amount  to  be  expended  b}^ 
each  department,  and  sometimes  by  each  ofhcer  of  a  de- 
partment, and  the  amounts  for  special  objects,  are  named 
in  the  law.  No  department  and  no  officer,  not  even  the 
President,  can  use  any  money  for  any  purpose  not  speci- 
fied in  the  law ;  and  cannot  use  any  more  money  for  any 
purpose  than  the  law  names.  This  aj^propriation  of  money 
is  a  legislative  act,  is  the  making  of  a  law ;  it  belongs  to 
Congress  as  tlie  immediate  representatives  of  the  people. 
This  guard  upon  the  treasury  is  derived  from  the  custom 
of  England,  in  which  all  money  for  the  government's  use 
must  be  determined  by  the  House  of  Commons.  [Art.  I., 
sec,  9.] 


200  RELATIONS   OF   THE   STATES. 

5.  No  title  of  nobility  can  be  granted  by  the  United 
States,  and  we  have  already  seen  that  the  same  prohibition 
rests  upon  the  states  (page  194).  It  is  further  provided 
that  no  person  holding  an  office  of  profit  or  trust  under 
the  United  States  shall  receive  any  present,  emolument, 
office,  or  title  of  any  kind  from  any  foreign  king,  prince, 
or  government.  This  last  provision  is  unusual  in  the 
laws  of  nations.  But  the  people  of  tlie  United  States  are 
emigrants,  or  descendants  of  emigrants,  from  foreign  na- 
tions. The  history  of  this  country  shows  that  immigrants 
here  retain,  as  a  rule,  a  feeling  of  friendliness  for  the  cus- 
toms, institutions,  and  laws  of  their  native  land,  even  if 
they  do  not,  as  many  of  them  do,  have  a  friendliness  for 
the  government  which  they  left.  All  these  immigrants 
are  entitled,  as  soon  as  naturalized,  to  vote,  and  to  hold 
any  office  under  this  government  but  that  of  President 
and  of  Vice-President.  At  the  time  of  the  formation  of 
the  constitution  there  were  few  people  in  Europe  friendly 
to  the  young  republic,  and  not  any  nation  friendly  to  the 
republican  form  of  government,  and  now  it  does  not  ap- 
pear that  much,  if  any,  change  has  taken  place  in  the 
sentiment  of  Europe  toward  the  United  States.  There 
was  reason  then,  and  is  now,  to  regard  the  bestowment  of 
favors  upon  officials  of  the  United  States,  by  foreign  gov- 
ernments, with  disfavor  and  suspicion.  History  shows 
that  even  native  officials  are  frequently  corrupted  by  for- 
eign governments.  There  is  reason  why  foreign  govern- 
ments might  be  more  ready  to  bestow  favors  upon  officials 
of  the  United  States  than  u})on  those  of  other  countries  — 
for  the  reason  that  the  form  of  government  here  is  a  pro- 
test against  their  form  of  governments,  if  not  a  menace  to 
them. 


RELATIONS   OF   THE   STATES.  201 

The  acceptance  of  presents  begets  friendliness  toward 
the  giver.  The  increase  of  friendliness  toward  foreign 
powers  by  officials  of  the  United  States  wonld  tend  to 
weaken  their  attachment  to  the  government  wliich  they 
were  elected  or  appointed  to  serve,  and  thus  make  their 
official  services  less  hearty  and  less  valuable,  if  not  posi- 
tively harmful.  Such  presents  may  be  in  the  nature  of 
bribes,  or  of  payment  for  treasonable  acts.  In  any  event, 
the  constitution  wisely  prohibits  all  such  acceptance  of 
jDresents,  unless  by  consent  of  Congress  (page  IIG).  [Art.  I., 
sec.  9.] 

0.  The  prohibition  concerning  the  requirement  of  a 
religious  test  as  a  qualification  for  office  has  already  been 
referred  to.  It  is  a  general  prohibition,  and  applies  to 
citizens  in  their  individual  capacity,  as  well  as  to  states 
and  to  the  national  government  in  their  organized  capa- 
cities. If  a  voter  may  make  a  religious  opinion  or  religious 
profession  of  a  candidate  for  office  a  test  of  fitness,  there  is 
no  reason  why  the  majority  of  the  people  of  a  state,  or  of 
the  United  States,  may  not  unite  to  make  the  same  test. 
While  it  may  seem,  sometimes,  that  a  person's  faith  may 
have  some  influence  in  determining  his  character,  certainly 
in  expressing  his  character,  such  is  hardly  the  sense  of  the 
best  men  and  women.  Character  and  fitness  for  the  office 
should  be  determined  by  considerations  other  than  those 
of  religious  faith  or  religions  professions,  not  only  by  the 
government,  but  by  the  voters.      [Art.  VI.] 

7.    The  prohibitions  of  the  first,  second,  third,  fourth, 
fifth,  seventh,  eighth,  and  ninth  amendments  (jf  the  consti- • 
tution  have  already  been   considered.     They  are  general 
in  their  nature ;  some  of  them  applying  to  individuals  as 
well  as  to  the  governments  of  the  state  and  of  the  nation, 


202  RELATIONS    OP   THE   STATES. 

and  most  of  them  applying  to  the  states  as  well  as  to  the 
United  States. 

8.  By  the  thirteenth  amendment,  slavery  is  forever  pro- 
hibited within  the  United  States.  Slavery  is  not  a  natural 
condition  of  humanity,  under  the  Anglo-Saxon  and  Eng- 
lish laws,  as  inherited  and  applied  by  the  people  of  the 
United  States.  As  a  consequence,  slavery  can  exist  only 
in  pursuance  of  some  law  positively  authorizing  it.  This 
section  would  prohibit  the  United  States,  and  all  the  states 
and  territories,  passing  any  law  permitting  or  sustaining 
slavery,  and  prohibit  all  officers  of  the  state,  and  of  the 
nation  upholding  slaver}-  in  any  way,  actively  or  passively. 
It  goes  furtlier,  and  prohibits  the  individual  resident  sus- 
taining any  enslavement  of  a  human  being. 

9.  In  the  conduct  of  the  war  of  1861-65,  the  national 
government  incurred  an  immense  debt,  —  almost  -f 2,700,- 
000,000,  —  besides  vast  obligations  for  bounties  and  pen- 
sions. By  the  terms  of  the  fourteenth  amendment,  section 
four,  this  debt  and  these  obligations  cannot  be  repudiated 
by  the  government  nor  by  the  people.  It  is  a  pledge 
to  the  world  that  the  debt  and  obligations  will  be  met 
promptly  and  cheerfully.  On  the  other  hand,  the  other 
party  to  the  war  incurred  large  debts  and  liabilities.  In 
courts  of  law,  the  losing  party  usually  has  to  pay  the  costs 
made  by  the  successful  party.  After  war  between  nations, 
it  is  not  unusual  for  the  nation  beaten  to  pay  a  large  sum 
toward  the  expenses  of  the  war  of  the  conquering  nation. 
It  would  be  out  of  the  question  for  the  victorious  party  or 
nation  to  pay  the  expenses  of  the  losing  party  or  nation. 

The  slaves  were  emancipated  as  a  war-measure,  to  aid 
in  suppressing  the  civil  war.  The  President  and  Congress 
considered  such  emancipation  a  necessit3^    Such  being  the 


RELATIONS    OF    THE   STATES.  203 

case,  it  would  not  be  right  for  the  people  to  pay  for  the 
loss  of  such  slaves. 

10.  By  the  iifteenth  amendment,  the  United  States  is 
prohibited  denying  to  any  citizen  the  right  to  vote,  or 
abridging  that  right,  on  account  of  the  race,  color,  or 
previous  condition  of  servitude  of  the  voter.  The  scope 
and  extent  of  this  prohibition  have  been  considered  al- 
ready, and  they  need  not  be  repeated  (page  19G). 


204  RELATIONS   OF   THE   STATES. 


CHAPTER    XXV.  - 

RELATIONS    OF   THE   STATES.  — Continued. 

1.  Constitutional  Commands.  —  The  people,  who  elect 
the  officers  and  who  have  to  pay  the  taxes,  have  a  right 
to  know  how  their  servants,  the  officers,  spend  the  public 
money.  Hence,  the  constitution  commands  that  a  regular 
statement  and  account  of  receipts  and  expenditures  of  all 
public  money  shall  be  published  from  time  to  time.  The 
statement  issued  by  the  government  is  seldom  in  detail, 
and  it  thus  gives  but  little  practical  information  to  the 
people.  But  the  laws  are  regularly  published,  and  they 
give  more  specific  information  about  the  government's 
business.  In  addition  to  this,  the  books  of  the  govern- 
ment are  necessarily  public,  and  all  proper  persons  have  a 
right  to  examine  them.  Besides,  the  newspapers  usually 
print  information  about  governmental  financial  affairs,  in 
considerable  detail.  Hence,  the  people  generally  know 
all  that  they  care  to  know  about  the  receipt  and  expendi- 
ture of  the  public  money.  This  publicity  is  a  proper  and 
efficient  safeguard  against  unwise  expenditures,  as  well 
as  against  misappropriation.     [Art.  I.,  sec.  9.] 

2.  The  courts  and  officers  of  each  state  are  directed  to 
give  full  faith  and  credit  to  all  the  public  acts  and  records 
and  judicial  proceedings  of  every  other  state.  The  official 
action  of  public  officers,  and  the  proceedings  of  courts,  are 
considered,  in  the  state  where  made,  to  state  facts  as  they 
exist,  and  to  be  regular  and  proper,  until  the  contrary  is 


RELATIONS   OF   THE   STATES.  205 

shown.  This  command  means  that  they  sliall  be  so  con- 
sidered in  other  states.  Thus,  a  judgment  rendered  in 
one  state  must  be  as  valid  in  another  state  as  in  the  state 
where  rendered,  and,  in  order  to  enforce  it,  suit  does  not 
have  to  be  brought  upon  tlie  original  cause  of  action. 
In  like  manner,  the  acts  of  other  public  officers  must  be 
recognized.  Under  this  provision  of  the  constitution, 
Congress  has  enacted  a  law  describing  and  prescribing  the 
method  by  which  these  public  acts,  records,  and  proceed- 
ings of  one  state  may  be  proved  for  use  in  another  state. 
The  method  is  very  simple,  by  a  mere  copy  certified  to  be 
correct  by  the  officer  having  the  record  or  proceedings  in 
charge.     [Art.  IV.,  sec.  1.] 

3.  We  have  already  considered  the  prohibition  upon  the 
states,  wherein  they  are  forbidden  to  abridge  any  of  the 
privileges  or  immunities  of  citizens  of  the  United  States. 
A  privilege  is  some  favor  granted;  an  immunity  is  some 
protection  afforded.  This  amendment,  in  effect,  super- 
sedes, as  it  clearly  extends  and  strengthens,  the  first  clause 
of  section  two.  Article  IV.,  which  provides  that  the  citi- 
zens of  each  state  shall  be  entitled  to  all  the  privileges  or 
immunities  of  citizens  of  the  several  states.  A  citizen  of 
a  state,  when  he  goes  into  another  state,  is  entitled,  under 
this  clause,  to  all  the  civil  rights  of  resident  citizens.  He 
may  buy,  sell,  trade,  engage  in  any  business,  and  may  ap- 
peal to  the  courts  for  the  enforcement  or  protection  of  his 
rights.  This  clause  does  not  guaranty  the  right  to  vote, 
or  to  hold  office,  as  these  are  political  rights,  although  the 
words  of  the  clause  seem  to  cover  them.  [Art.  IV.,  sec. 
1:  14th  amendment,  sec.  1,  and  15th  amendment.] 

4.  The  nature  of  our  form  of  government  renders  com- 
munication between  the  states  very  easy — so  easy  that 


206  EELATIONS   OF   THE   STATES, 

criminals  find  ready  refuge  in  another  state  from  the  officers 
of  the  one  in  which  the  crime  is  committed.  This  wouhl 
be  a  very  serious  evil  if  permitted.  Accordingly,  the  con- 
stitution provides  that  persons  charged  in  one  state,  with 
treason,  felony,  or  other  crinte,  and  who  shall  flee  into 
another  state,  shall  be  delivered  up,  on  demand,  to  the 
authorities  of  the  state  from  which  he  fled.  This  provision 
is  so  reasonable  that  all  the  states  have  laws  regulating 
the  metliod  of  snch  delivery,  the  amount  of  proof  of  the 
crime  required  to  accompany  tlie  demand,  and  the  details 
by  which  the  demand  is  to  be  made  and  executed.  A 
person  can  be  tried  for  a  crime  in  the  state  or  district 
only  in  which  the  crime  was  committed,  both  by  the  com- 
mon law  and  by  the  law  of  all  the  states ;  hence,  the 
return  of  the  fugitive  to  the  place  of  the  commission 
of  the  crime  is  necessary  for  a  legal  trial.  [Art.  IV., 
sec.  2.] 

5.  In  the  United  States,  in  marked  contrast  with  other 
nations,  the  government  is  a  public  affair,  a  res  jmblica. 
In  most  other  nations,  a  class,  or  a  few  classes,  only,  of 
the  people  participate  in  the  government.  All  others  are 
subjects  of  the  government,  but  can  take  no  part  in  its 
administration.  Here,  generally,  male  citizens  twenty-one 
years  of  age  may  vote  and  hold  office.  Here,  the  govern- 
ment is  interesting  to  all,  whether  they  are  voters  or  not. 
This  form  of  government  under  which  the  citizens  are 
voters  and  may  be  officers,  in  which  all  have  an  interest, 
in  which  they  elect  the  officers  of  the  government  and 
are  represented  in  the  legislative  department,  is  called  a 
republican  form.  The  constitution  guaranties  such  a  form 
of  government  to  each  state.  Even  if  a  majority  of  the 
people  of  a  state  desires  to  abolish  the  republican  form 


RELATIONS    OF   THE   STATES.  207 

and  to  adopt  some  other,  the  constitution  forbids  such 
change.  The  nation,  by  its  constitution,  is  committed  tu 
this  popukir  and  liberal  form,  and  will  not  permit  any  state 
to  adopt  any  other.     [Art.  IV.,  sec.  4.] 

6.  The  United  States  is  under  obligations  to  protect 
each  state  againt  invasion.  The  right  to  raise  and  main- 
tain armies  and  navies  was  relinquished  by  each  state 
upon  its  ratification  of  the  constitution,  and  is  denied  by 
the  constitution  to  the  states  that  have  been  admitted 
since.  This  right  was  reserved  to  the  United  States.  So 
the  states  having  no  means  of  protecting  themselves 
against  invasion,  it  is  proper  that  the  nation  should  as- 
sume the  duty.     [Art.  IV.,  sec.  4.] 

7.  Sometimes  disobedience  to  the  laws  is  so  strong  as 
to  defy  all  the  power  of  the  police  force  of  a  state,  and 
even  of  its  militia.  Inasmuch  as  the  police  and  the 
militia  are  composed  of  citizens,  a  widespread  disobedi- 
ence of  law  might  include  large  proportions  of  those 
two  bodies.  In  such  case,  the  power  of  the  state  to  en- 
force its  laws  would  be  very  much  weakened.  Besides, 
it  is  usually  a  work  of  days  to  call  the  militia-men  from 
their  usual  pursuits,  for  their  organization  into  an  armed 
force.  In  such  cases,  when  delays  are  dangerous,  the 
general  government  is  directed  to  protect  the  state  against 
domestic  violence.  In  order  to  obtain  this  protection 
from  the  national  government,  the  legislature  must  ask  it 
by  a  formal  vote.  If  the  legislature  is  not  in  session,  and 
if  the  need  is  too  urgent  to  await  the  asseniblao-e  of  that 
body,  the  governor  of  the  state  may  make  the  demand. 
As  the  United  States  keeps  a  standing  army,  though  small, 
it  can  generally  furnish  help  upon  short  notice.  [Art.  IV., 
sec.  4.] 


208  KELATIONS    OF    THE    STATES. 

8.  While  the  states  were  under  the  compact  known  as 
the  Articles  of  Confederation,  Congress  had  borrowed 
money,  but  it  lacked  the  power  to  collect  funds  to  repay 
it.  It  might  ask  for  money  from  the  states,  but  if  they 
did  not  respond,  there  was  no  power  to  compel  them. 
The  states  also  had  war  debts  of  their  own,  and  it  was 
difficult  to  raise  money.  The  constitution  provided  that 
those  debts  should  be  as  valid  under  the  new  government 
as  they  were  under  the  old  one.  As  the  debts  of  the  colo- 
nies, as  well  as  those  of  the  confederacy,  were  created  in 
the  common  defense,  for  the  beneiit  of  all  the  colonies, 
the  United  States  included  them  all  in  one  list  and  paid 
them  all.     [Art.  VI.] 


AMENDMENTS   TO  THE   CONSTITUTION.  209 


CHAPTER   XXVI. 

AMENDMENTS   TO    THE   CONSTITUTION. 

A  KEFERENCE  to  Article  V.  will  show  that  the  framers 
of  the  constitution  did  not  suppose  that  their  work  was 
perfect.  They  realized  that  there  would  be  growth  in 
the  nation,  in  Avealtli,  in  population,  in  culture  and  civili- 
zation, in  developed  industr}^  and  commerce,  and  in  the 
addition  of  new  states.  They  knew  that  their  ideas  of 
government  were  not  perfect,  that  the  form  of  govern- 
ment whicli  they  had  established  was  an  experiment.  They 
therefore  properly  provided  for  such  changes  in  the  frame- 
work of  the  government  as  the  wisdom  which  time  and 
experience  bring  should  demand.  Additional  machinery 
might  be  needed,  or  changes  desired  in  the  machinery 
which  they  had  provided.  They  were  in  sympathy  with 
the  statement  in  the  Declaration  of  Independence,  that 
''it  is  the  right  of  the  people  to  alter  or  to  abolish" 
their  form  of  government,  "and  to  institute  a  new  gov- 
ernment, laying  its  foundation  on  such  principles,  and 
organizing  its  powers  in  such  form,  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness."  There 
are  two  methods  provided  for  making  amendments  to  the 
constitution. 

1.  At  any  time  Congress  may  propose  amendments  to 
the  constitution.  To  do  this,  each  house  must  pass  a 
joint  resolution  by  a  vote  of  two-thirds  of  its  members. 
The  joint  resolution  is  passed  in  the  same  manner  and  by 


210  AMENDMENTS   TO  THE   CONSTITUTION. 

the  same  process  and  solemnity  required  in  the  passage  of 
a  bill,  and  it  must  be  signed  by  the  President  also.  A 
copy  of  the  proposed  amendment  is  then  sent,  by  the  Sec- 
retary of  State,  to  the  governor  of  each  state,  with  the 
proper  certificate  and  statement.  At  the  first  session  of 
the  legislature  of  each  state,  after  its  receipt  by  the  gov- 
ernor, it  is  sent  to  the  legisLature  for  action.  If  the  legis- 
lature approves  the  proposed  amendment,  it  ratifies  the 
same,  in  the  same  way  that  it  passes  a  bill,  by  a  majority 
vote  of  each  house.  When  the  legislatures  of  three-fourths 
of  all  the  states  have  ratified  such  proposed  amendment, 
it  becomes  a  part  of  the  constitution. 

Instead  of  sending  the  proposed  amendment  to  the  legis- 
lature of  the  states  for  ratification.  Congress  may  provide 
for  a  ratification  by  conventions  of  the  states,  elected  by  the 
people.  No  amendment  has  been  ratified  yet  in  that  man- 
ner, but  the  constitution  provides  for  it.  In  case  Congress 
should  decide  upon  that  method  of  ratification.  Congress 
can  provide  the  machinery  for  such  conventions,  or  it  can 
delegate  to  the  states  the  duty  to  provide  for  the  conven- 
tions. Three-fourths  of  the  states  must  ratify  by  con- 
vention as  well  as  by  legislature,  in  order  to  give  it  effect. 

2.  The  other  method  for  amending  the  constitution  is  by 
convention.  By  this  method,  the  states  take  the  initiative. 
When  the  legislatures  of  two-thirds  of  the  states  shall 
make  application  to  Congress  for  a  convention  to  revise 
the  constitution.  Congress  passes  a  bill  calling  a  conven- 
tion for  the  purpose  named.  The  constitution  does  not 
state  what  shall  be  the  basis  of  representation  in  such 
convention,  but  justice  would  require  that  each  state 
should  have  representation  in  proportion  to  its  population, 
—  or  in  proportion  to  its  representation  in  the  two  houses 


AJMENDMENTS    TO   THE   CONSTITUTION.  211 

of  Congress.  The  bill  would  naturally  })rovide  the  time 
and  manner  of  election,  the  time  and  place  of  meeting, 
and  all  the  other  details  needed.  Such  convention  would 
be  at  libert}^  to  propose  any  amendments  that  it  could 
agree  upon,  or  to  propose  an  entirely  new  constitution. 
After  such  convention  should  adjourn,  the  proposed 
amendments,  or  proposed  new  constitution,  would  be  sent 
to  the  state  legislatures,  or  to  conventions  of  the  states, 
in  the  manner  described  in  the  paragraph  above.  A  rati- 
fication of  such  action  of  the  convention  b}-  three-fourths 
of  all  the  states  is  necessary  to  amend  the  constitution  by 
that  method,  as  well  as  by  the  other. 

3.  It  will  be  seen  that  there  is  some  limitation  upon  the 
power  to  amend.  In  another  part  of  the  constitution 
power  had  been  denied  to  Congress  to  prohibit  the  slave 
trade  prior  to  the  year  1808.  Here  the  same  instrument 
prohibits  any  amendment  that  shall  recall  that  prohibition 
prior  to  the  date  named.  The  other  section  referred  to, 
which  could  not  be  changed  before  1808,  is  the  one  re- 
lating to  the  levy  of  a  capitation  tax.  Now  that  the  date 
has  passed,  the  slaA^e  trade  has  been  abolished  and  pro- 
hibited by  law,  and  practically  so  by  later  amendments  to 
the  constitution.  For  if  slavery  is  forbidden  in  the  United 
States,  there  can  be  no  slave  trade  here.  The  change  in 
the  basis  of  levying  a  capitation  tax  can  now  be  made  if 
desirable. 

4.  One  feature  of  the  constitution  cannot  be  changed 
without  the  ratification  of  every  state  in  the  Union,  — 
that  feature  is  the  equality  of  states  in  the  Senate  of  the 
United  States.  Thus  the  equality  of  the  states  in  the 
Senate  is  left  with  each  state,  and  until  all  agree  to  abol- 
ish it,  it  must  continue. 


THE   CIVIL    SERVICE. 


o>*<c 


In  March,  1871,  an  act  was  passed  hy  Congress  ena- 
bling the  President  to  take  proper  measures  to  ascertain 
the  qualifications  of  candidates  for  positions  in  the  various 
departments  of  the  government  service.  A  comnassion 
was  established  and  rules  were  adopted  for  its  regulation. 
Under  its  direction  and  in  conformity  with  its  rules,  which 
must  have  the  endorsement  of  the  President,  candidates 
are  examined  as  to  character,  intelligence,  and  general 
ability  to  fill  the  places  to  which  they  aspire. 

The  law  has  been  administered  with  varying  success,  at 
one  time  becoming  a  dead  letter  through  the  failure  of 
Congress  to  make  appropriations  to  carry  out  its  j)rovis- 
ions,  although  President  Grant  stated  in  an  annual  mes- 
sage that  under  its  operation  "  persons  of  superior  charac- 
ter and  capacity  "  had  entered  the  service,  and  "  that  they 
had  developed  more  energy  in  the  discharge  of  duty." 

But  the  law  was  in  advance  of  public  opinion  at  that 
time.  Later  the  national  conventions  of  both  political 
parties  endorsed  "  civil  service  reform,"  and  C-ongress  has 
made  appropriations  to  sustain  the  work  of  the  commission 
in  carrying  out  the  purpose  of  the  law. 

These  are  some  of  the  al)uses  which  it  is  claimed  existed 
previous  to  the  passage  of  this  enactment,  and  which  flour- 
ish when  it  is  in  abeyance :  the  offices  of  the  government 
are  treated  as  the  spoils  of  a  victorious  party,  not  as  a 


THE   CIVIL    SERVICE.  213 

trust  to  be  administered  for  the  public  good;  party  useful- 
ness, rather  than  character,  ability,  and  integrity,  is  made 
the  test  for  appointment;  faithful  and  efficient  men  are 
removed  without  cause  to  make  place  for  party  workers  ; 
devotion  to  a  party  leader  is  accepted  in  lieu  of  strict 
attention  to  public  duties  ;  othces  are  multiplied  in  order 
to  make  provision  for  political  favorites  ;  and  assessments 
are  levied  upon  these  offices  to  be  used  for  party  purposes, 
thus  making  the  national  treasury  and  the  taxes  paid  in 
common  by  all,  more  or  less  contributory  to  the  perpetua- 
tion in  power  of  one  party  and  one  set  of  men  and  their 
dependents. 

This  is  the  indictment  of  what  is  called  "  the  spoils  sys- 
tem." It  is  claimed  on  the  other  hand  that  this  record  of 
abuses  is  exaggerated,  and  exists,  if  at  all,  in  but  a  limited 
degree ;  that  in  a  government  like  ours,  government  by  a 
party  is  a  necessity ;  that  it  is  pre-eminently  for  the  inter- 
est of  the  party  in  power  to  prevent  such  abuses,  or  to 
reduce  them  to  a  minimum ;  that  the  weight  of  party 
responsibility  which  rests  upon  them  is  a  sufficient  and 
adequate  motive  to  secure  efficient,  competent,  and  honest 
men  for  every  administrative  department ;  and  that  elec- 
tions, frequent  in  occurrence,  when  all  public  questions 
are  or  may  be  more  or  less  directly  passed  upon  by  the 
whole  body  of  people,  through  their  votes  for  candidates 
for  office,  act  as  a  stimulus  to  honest  administration,  a 
safeguard  against  abuses,  and  an  incentive  to  make  only 
sucli  appointments  as  will  bear  the  closest  scrutiny. 

The  aim  of  the  civil  service  enactment  is  that  a[)point- 
ments  shall  be  made  from  merit  only  ;  that  the  way  shall 
be  o[)en  equally  to  all  men  and  \\'omeu  having  the  })roper 
qualifications ;  that  personal  merit  and  not  political  sub- 


214  THE   CIVIL    SERVICE. 

serviency  sliall  be  the  test;  that  fitness  ascertained  by 
adequate  and  impartial  means  shall  be  the  door  through 
which  all  alike  must  enter ;  that  the  tenure  shall  l)e  sure 
to  proved  competency ;  and  that  promotion  from  lower  to 
higher  grades  follows  by  the  same  means. 

There  are  about  one  hundred  thousand  offices  in  the 
federal  service  filled  by  appointment,  and  there  is  a  much 
greater  number  under  the  state  and  city  governments. 
Some  of  the  states  have  a  law  similar  in  its  aim  to  the 
federal  law.  Its  friends  claim  that  under  its  operation 
there  is  great  gain  Ijoth  in  efficiency  and  economy  of  ad- 
ministration. 

In  the  application  of  this  law  either  to  national  or  local 
governments  it  is  not  intended  by  its  promoters  that  its 
rules  should  apply  to  the  heads  of  departments,  or  to  any 
one  occupying  a  representative  position,  or  associated  with 
an  administration  in  confidential  relations,  but  only  to 
the  great  clerical  and  active  working  force  of  subordinate 
officials. 


APPENDIX. 

As  has  already  been  stated,  the  first  Continental  Con- 
gress, which  assembled  at  Philadelphia  September  5,  1774, 
adopted  a  Declaration  of  Rights.  The  following  is  the 
docnment,  as  finally  agreed  upon  by  the  Congress,  October 
14,  1774. 

I. 

DECLARATION   OF   RIGHTS.       * 

Whekeas,  since  tlie  close  of  the  last  war,  the  British  parlia- 
ment claiming  a  power  of  right,  to  bind  tlie  people  of  America 
by  statutes  in  all  cases  whatsoever,  hath,  in  some  acts,  expressl}' 
imposed  taxes  on  them,  and  in  others,  under  various  pretences, 
but  in  fact  for  the  pur[)ose  of  raising  a  revenne,  hath  imposed 
rates  and  duties  payable  in  these  colonies,  established  a  board 
of  commissioners,  with  uuconstitntional  powers,  and  extended 
the  jurisdiction  of  courts  of  admiralty,  not  only  for  collecting 
the  said  duties,  but  for  the  trial  of  causes  merely  arising  within 
the  body  of  a  county  : 

And  whereas,  in  consequence  of  other  statutes,  judges,  who 
before  held  only  estates  at  will  in  their  offices,  have  been  made 
dependent  on  the  crovvu  alone  for  their  salaries,  and  standing 
armies  kept  in  times  of  peace  :  And  whereas  it  has  lately  been 
resolved  in  ptirliumeut,  that  by  force  of  a  statute,  made  in  the 
thirty-fifth  year  of  the  reign  of  king  Henry  the  eighth,  colonists 
may  be  transported  to  England,  and  tried  there  upon  accusa- 
tions for  treasons,  and  misprisions,  or  concealments  of  treasons 


21<)  APPENDIX. 

committed  in  the  colonies,  and  by  a  late  statute,  such  trials 
have  been  directed  in  cases  therein  mentioned  : 

And  whereas,  in  the  last  session  of  parliament,  three  statutes 
were  made  ;  one,  entitled  an  "  Act  to  discontinue,  in  such  man- 
•■ner  and  for  such  time  as  are  therein  mentioned,  the  landinu' 
•'  and  discharging,  lading,  or  shipping  of  goods,  wares  and  uier- 
'•  chandise,  at  the  town,  and  within  the  harbour  of  Boston,  in 
"the  province  of  Massachusetts-Bay,  in  North- America  ;  "  an- 
other, entitled  "•  An  act  for  the  better  regulating  the  government 
"  of  the  province  of  Massachusetts-Ba}^  in  New-England  ;  "  and 
another,  entitled  "  An  act  for  the  impartial  administration  of 
"  justice,  in  the  cases  of  persons  questioned  for  any  act  done  b}' 
"them  in  the  execution  of  the  law,  or  for  the  suppression  of 
"  riots  and  tumults,  in  the  province  of  the  Massachusetts-Bay, 
"  in  New-England  ; "  and  another  statute  was  then  made,  "  for 
"  making  more  effectual  provision  for  the  government  of  the 
"province  of  Quebec,  &c."  All  which  statutes  are  impolitic, 
unjust,  and  cruel,  as  well  as  unconstitutional,  aud  most  danger- 
ous and  destructive  of  American  rights  : 

And  whereas,  assemblies  have  been  frequently  dissolved,  con- 
trary to  the  rights  of  the  people,  when  they  attempted  to  de- 
liberate on  grievances  ;  and  their  dutiful,  humble,  loyal,  and 
reasonable  petitions  to  the  crown  for  redress,  have  been  repeat- 
edly treated  with  contempt,  b}-  his  majesty's  ministers  of  state  : 

The  good  people  of  the  several  colonies  of  New-Hampshire, 
Massachusetts-Bay,  Rhode-Island  and  Providence  Plantations, 
Connecticut,  New-York,  New-Jersey,  Pennsylvania,  New-Castle, 
Kent,  and  Sussex,  on  Delaware,  Maryland,  Virginia,  North- 
Carolina,  and  South-Carolina,  justly  alarmed  at  these  arbitrary 
proceedings  of  parliament  and  administration,  have  severally 
elected,  constituted,  and  ap[)ointed  deputies  to  meet,  and  sit 
in  General  Congress,  in  the  city  of  Philadelphia,  in  order  to 
obtain  such  establishment,  as  that  their  religion,  laws,  and 
liberties,  may  not  be  subverted.     Whereupon  the  deputies  so 


DECLARATION    f)F    RIGHTS.  217 

appoiuted  heiug  now  assoiiiMed.  in  a  full  and  free  representa- 
tion of  these  colonies,  taking  into  their  most  serious  consider- 
ation, the  best  means  of  attaining  the  ends  aforesaid,  do,  in  the 
first  place,  as  Englishmen,  their  ancestors,  in  like  cases  have 
usually  done,  for  affecting  and  vindicating  their  rights  and  lib- 
erties, DECLARE, 

That  the  inhabitants  of  the  English  colonies  in  North-Amer- 
ica, by  the  immntable  laws  of  nature,  the  principles  of  the 
English  constitution,  and  the  several  charters  or  comi)acts,  have 
the  following  RIGHTS  : 

Resolved,  N.  C.  D*  1.  That  they  are  entitled  to  life,  liberty, 
and  property,  and  they  have  never  ceded  to  any  sovereign 
power  whatever,  a  right  to  dispose  of  either  without  their  con- 
sent. 

Jiesolved,  N.  C.  D.  2.  That  our  ancestors,  who  first  settled 
these  colonies,  were  at  the  time  of  their  emigration  from  the 
mother  country,  entitled  to  all  the  rights,  liberties,  and  immuni- 
ties of  free  and  natural-born  subjects,  within  the  realm  of  Eng- 
land. 

Resolved,  N.  C.  D.  3.  That  by  such  emigration  they  bv  no 
means  forfeited,  surrendered,  or  lost  any  of  those  rights,  but 
that  they  w'ere,  and  their  descendants  now  are,  entitled  to  the 
exercise  and  enjo3'ment  of  all  such  of  them,  as  their  local  and 
other  circumstances  enable  them  to  exercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  P2nglish  liberty,  and  of 
all  fi'ee  government,  is  a  right  in  the  people  to  participate  in 
their  legislative  council :  and  as  the  English  colonists  are  not 
represented,  and  from  their  local  and  other  circumstances,  can- 
not properh'  be  represented  in  the  British  parliament,  they  are 
entitled  to  a  free  and  exclusive  power  of  legislation  in  their 
several  provincial  legislatures,  where  their  right  of  representa- 
tion can  alone  be  preserved,  in  all  cases  of  taxation  and  internal 

*  An  abbreviation  for  nemine,  contradicente ;  that  is,  no  one  opposing  or 
disagreeing. 


218  APPENDIX. 

polity,  subject  only  to  the  negative  of  their  sovereign,  in  such 
manner  as  has  been  heretofore  used  and  accustomed.  But, 
from  the  necessit}-  of  the  case,  and  a  regard  to  the  mutual  inter- 
est of  both  countries,  we  cheerfully  consent  to  the  operation  of 
such  acts  of  the  British  parliament,  as  are  bona  fide,  restrained 
to  the  regulation  of  our  external  commerce,  for  the  purpose  of 
securing  the  commercial  advantages  of  the  whole  empire  to  the 
mother  country,  and  the  commercial  benefits  of  its  respective 
members  ;  excluding  every  idea  of  taxation  internal  or  exter- 
nal, for  raising  a  revenue  on  the  subjects  in  America,  without 
their  consent. 

Resolved,  N.  C.  D.  o.  That  the  respective  colonies  are  enti- 
tled to  tlie  common  law  of  England,  and  more  especially  to  the 
great  and  inestimable  privilege  of  Ijeing  tried  by  their  peers  of 
the  vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  tlie  benefit  of  such  of 
the  English  statutes,  as  existed  at  the  time  of  their  coloniza- 
tion ;  and  which  they  have,  by  experience,  respectively  found 
to  be  applicable  to  their  several  local  and  other  circumstances. 

Resolved,  N.  C.  D.  7.  That  these,  his  majesty's  colonies,  are 
likewise  entitled  to  all  tlie  immunities  and  privileges  granted 
and  confirmed  to  them  by  royal  charter,  or  secured  by  their 
several  codes  of  provincial  laws. 

Resolved,  N.  C.  D.  8.  That  they  have  a  right  peaceably  to 
assemble,  consider  of  their  grievances,  and  petition  the  king ; 
and  that  all  prosecutions,  prohibitory  proclamations,  and  com- 
mitments for  the  same,  are  illegal. 

Resolved,  N.  C  D.  9.  Tliat  the  keeping  a  standing  army  in 
these  colonies,  in  times  of  peace,  without  the  consent  of  the 
legislature  of  that  colony,  in  which  such  army  is  kept,  is  against 
law. 

Resolved,  N.  C.  D.  10.  It  is  indispensal)ly  necessary  to 
good  government,  and  rendered  essential  by  the  English  con- 
stitution, that  the  constituent  branches   of   the  legislature   be 


DECLARATION   OP   RIGHTS.  219 

independent  of  each  other ;  tliat,  therefore,  the  exercise  of 
legisUitive  power  in  several  colonies,  by  a  council  a^jpointed, 
during  pleasure,  by  the  crown,  is  unconstitutional,  dangerous 
and  destructive  to  the  freedom  of  American  legislation. 

All  and  each  of  which  tlie  aforesaid  deputies,  in  behalf  of 
themselves,  and  tlieir  constituents,  do  claim,  demand,  and  in- 
sist on,  as  tlieir  indubitable  rights  and  liberties  ;  which  cannot 
be  legally  taken  from  them,  altered  or  abridged  l>y  any  power 
whatever,  without  their  own  consent,  by  their  representatives 
in  their  several  provincial  legislatures. 

In  the  course  of  our  inquiry,  we  lind  many  infringements  and 
violations  of  the  foregoing  rights,  which  from  an  ardent  desire, 
that  harmony'  and  mutual  intercourse  of  affection  and  interest 
may  be  restored,  we  pass  over  for  the  present,  and  proceed 
to  state  such  acts  and  measures  as  have  been  adopted  since 
the  last  war,  which  demonstrate  a  system  formed  to  enslave 
America. 

Resolved,  N.  C.  D.  That  the  following  acts  of  parliament 
are  infringements  and  violations  of  the  I'ights  of  the  colonists  ; 
and  that  the  repeal  of  them  is  essentinlly  necessary,  in  order  to 
restoi'e  harmony  between  Great  Britain  and  the  American  colo- 
nies, viz. 

The  several  acts  of  4  Geo.  III.  ch.  15,  and  ch.  34.  — 5  Geo. 
III.  ch.  25.  —  ()  Geo.  III.  ch.  52.-7  Geo.  III.  ch.  41,  and  ch. 
46.  — 8  Geo.  III.  ch.  22,  which  impose  duties  for  the  purpose 
of  raising  a  revenue  in  America,  extend  the  power  of  the  admi- 
ralty courts  beyond  their  ancient  limits,  deprive  the  American 
subjects  of  trial  by  jury,  authorize  the  judges'  certificate  to  in- 
demnify the  prosecutor  from  damages,  that  he  might  otherwise 
be  liable  to,  requiring  oppressive  security  from  a  claimant  of 
ships  and  goods  seized,  before  he  shall  be  allowed  to  defend  his 
property,  and  are  subversive  of  American  rights. 

Also  12  Geo.  III.  ch.  24,  entitled  "An  act  for  the  better 
"  securing  his  majesty's  dock-yards,  magazines,  ships,  ammu- 


■2-2()  APPENDIX. 

"  nition,  and  stores,"  wliieli  declares  a  new  offence  in  America, 
and  deprives  the  American  subject  of  a  constitutional  trial  by 
jury  of  the  Vicinage,  by  authorizing  the  trial  of  any  person, 
charged  with  the  committing  any  offence  described  in  the  said 
act,  out  of  the  realm,  to  be  indicted  and  tried  for  the  same  in 
any  shire  or  county  within  the  realm. 

Also  the  three  acts  passed  in  the  last  session  of  parliament, 
for  stopping  the  port  and  l)l()cking  up  the  harbour  of  Boston, 
for  altering  the  charter  and  government  of  Massachusetts-Bay, 
and  that  which  is  entitled  "  An  act  for  the  better  administration 
"  of  justice,"  &c. 

Also  the  act  passed  in  the  same  session  for  establishing  the 
Roman  Catholic  religion,  in  the  province  of  Quebec,  abolishing 
the  equitable  system  of  Phiglish  laws,  and  erecting  a  tyranny 
there,  to  the  great  danger,  (from  so  total  a  dissimilarity  of  reli- 
gion, law  and  government)  of  the  neighbouring  British  colonies, 
by  the  assistance  of  whose  blood  and  treasure  the  said  country 
was  conquered  from  France. 

Also  the  act  passed  in  the  same  session,  for  the  better  pro- 
viding suitable  quarters  for  officers  and  soldiers  in  his  majesty's 
service,  in  North- America. 

Also,  that  the  keeping  a  standing  army  in  several  of  these 
colonies  in  time  of  peace,  without  the  consent  of  the  legislature 
of  that  colony,  in  which  such  army  is  kept,  is  against  law. 

To  these  grievous  acts  and  measures,  Americans  cannot  sub- 
mit, but  in  hopes  their  fellow  subjects  in  Great-Britain  will,  on 
a  revision  of  them,  restore  us  to  that  state,  in  which  both  coun- 
tries found  happiness  and  prosperity,  we  have  for  the  present, 
only  resolved  to  pursue  the  following  peaceable  measures:  1. 
To  enter  into  a  non-imi)ortation,  non-consumption,  and  non- 
exportation  agreement  or  association.  2.  To  prepare  an  ad- 
dress to  the  people  of  Great-Britain,  and  a  memorial  to  the 
inhabitants  of  British-America:  and  3.  To  prepare  a  lo\\al 
address  to  his  majesty,  agreeable  to  resolutions  already  entered 
into. 


DECLARATION  OF  INDEPENDENCE.         221 


II. 


C()Tn«:s  of  the  following  Declaration  were,  by  a  resolu- 
tion of  Congress,  sent  to  the  several  assemblies,  conven- 
tions, and  connnittees,  or  councils  of  safety,  and  to  the 
several  commanding  officers  of  the  continental  troops  ; 
and  it  was  also  proclaimed  in  each  of  the  United  States, 
and  at  the  head  of  tlie  arm3^ 

thp:  declaration  of  independence,  adopted  by  con- 
gress JULY  4,  1776. 

A     DECLAKATION     15Y     THE     KEPKESENTATIVES     OF     THE     UNITED     STATES     OF 
AMERICA,    IN    CONGRESS    ASSEMBLED. 

When,  in  the  course  of  human  events,  it  becomes  necessar^^ 
for  one  people  to  dissolve  the  political  bauds  which  have  con- 
nected them  with  another,  and  to  assume,  among  the  powers  of 
the  earth,  the  separate  and  equal  station  to  which  the,  laws  of 
nature  and  of  nature's  God  entitle  them,  a  decent  respect  to  tlie 
o[)inions  of  mankind  requires  that  they  should  declare  the  causes 
which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  cre- 
ated equal ;  that  they  are  endowed  by  their  Creator  with  certain 
unalienable  riglits  ;  that  among  these,  are  life,  lilierty,  and  the 
pursuit  of  happiness.  Tiiat,  to  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed ;  that,  whenever  any  form  of  govern- 
ment becomes  destructive  of  these  ends,  it  is  the  riglit  of  the 


222  APPENDIX. 

people  to  alter  or  to  abolish  it,  and  to  institute  a  new  govern- 
ment, laying  its  foundation  on  such  principles,  and  organizing 
its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to 
etfect  their  safety  and  happiness.  Prudence,  indeed,  will  dic- 
tate that  governments  long  established,  should  not  be  changed 
■for  light  and  transient  causes  ;  aud,  accordingly,  all  experience 
hath  shown,  that  mankind  are  more  disposed  to  suffer,  while 
evils  are  sufferable,  than  to  riglit  themselves  by  abolishing  the 
forms  to  which  they  are  accustomed.  But,  when  a  long  train 
of  abuses  and  usurpations,  pursuing  invariably  the  same  object, 
evinces  a  design  to  reduce  them  under  absolute  despotism,  it  is 
their  right,  it  is  their  duty,  to  tlu'ow  off  such  government,  aud 
to  provide  new  guards  for  their  future  security.  Such  has  been 
the  patient  sufferance  of  these  colonies,  aud  such  is  now  the 
necessity  which  constrains  them  to  alter  their  former  systems  of 
government.  Tlie  history  of  the  present  king  of  Great  Britain 
is  a  liistor}'  of  repeated  injuries  and  usurpations,  all  having,  in 
direct  object,  the  establishment  of  an  absolute  tyranny  over 
these  States.  To  prove  this,  let  facts  be  submitted  to  a  candid 
world  : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  laws  of  immediate 
and  pressing  importance,  unless  susi)ended  in  their  operation 
till  his  assent  should  be  obtained  ;"^aud,  when  so  suspended,  he 
has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of 
large  districts  of  people,  unless  those  peo})le  would  relinquish 
the  right  of  representation  in  the  legislature  ;  a  right  inestimable 
to  them,  and  formidable  to  tyrants  only. 

He  lias  called  together  legislative  bodies  at  places  unusual, 
uncomfortable,  and  distant  from  the  depository  of  their  public 
records,  for  the  sole  purpose  of  fatiguing  them  into  compliance 
with  his  measures. 


DECLARATION    OF    INDEPENDENCE.  223 

He  has  dissolved  representative  houses  repeatedly,  for  oppos- 
ing, with  uumly  firmness,  his  invasions  on  tlie  rights  of  the 
people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to 
cause  others  to  be  elected ;  whereby  the  legislative  powers, 
incapable  of  annihilation,  have  returned  to  the  people  at  large 
for  their  exercise  ;  the  State  remaining,  in  the  mean  time,  ex- 
posed to  all  the  danger  of  invasion  from  without,  and  convul- 
sions within. 

He  has  endeavoured  to  prevent  the  population  of  these  States  ; 
for  that  purpose,  obstructing  the  laws  for  naturalization  of 
foreigners  ;  refusing  to  pass  others  to  encourage  their  migra- 
tion hither,  and  raising  the  conditions  of  new  a[)propriations  of 
lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing 
his  assent  to  laws  for  estal)lishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the 
tenure  of  their  offices,  and  the  amount  and  [)ayment  of  their 
salaries. 

He  has  erected  a  multitude  of  new  otfices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
stance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies, 
without  the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and 
superior  to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitution,  and  unacknowledged  by  our  laws  ; 
giving  his  assent  to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us : 

For  protecting  them,  by  a  mock  trial,  from  punishment,  for 
any  murders  which  they  should  commit  on  the  inhabitants  of 
these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 


--•1  APPENDIX, 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by 

For  transporting  us  beyond  seas  to  be  tried  for  pretended 
offences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighbour- 
ing province,  establishing  therein  an  arbitrary  government,  and 
enlarging  its  boundaries,  so  as  to  render  it  at  once  an  example 
and  fit  instrument  for  introducing  the  same  absolute  rule  into 
these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering,  fundamentally,  the  powers  of  our  govern- 
ments : 

For  suspending  our  own  legislatures,  and  declaring  them- 
selves invested  with  power  to  legislate  for  us  iu  all  cases  what- 
soever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our 
towns,  and  destroj'ed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mer- 
cenaries to  complete  the  works  of  death,  desolation,  and 
tyranny,  already  begun,  with  circumstances  of  cruelty  and  per- 
fidy scarcely  paralleled  in  the  most  barbarous  ages,  and  totality 
unworth}'  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the 
high  seas,  to  bear  arms  against  their  country,  to  become  the 
executioners  of  their  friends  and  brethren,  or  to  fall  themselves 
by  their  hands. 

He  has  excited  domestic  insui-rection  amongst  us,  and  has 
endeavoured  to  bring  on  the  inhabitants  of  our  frontiers,  the 
merciless  Indian  savages,  whose  known  rule  of  warfare  is  an 
undistinguished  destruction,  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for 


DECLARATION    OF    INDEl'KNDENCE.  225 

redress,  in  the  most  hnmble  terms  ;  our  repeated  petitions  have 
been  answered  only  by  repeated  injury.  A  prince,  whose  char- 
acter is  thus  marked  by  every  act  which  may  define  a  tyrant,  is 
unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 

We  have  warned  them,  from  time  to  time,  of  attempts  made 
by  their  legislature  to  extend  an  unwarrantable  jurisdiction  over 
us.  We  have  reminded  them  of  the  circumstances  of  our  emi- 
gration and  settlement  here.  We  have  appealed  to  their  native 
justice  and  magnanimity,  and  we  have  conjured  them,  by  the 
ties  of  our  common  kindied,  to  disavow  these  usurpations,  which 
would  inevitably  interrupt  oui"  connections  and  correspondence. 
The}',  too,  have  been  deaf  to  the  voice  of  justice  and  consan- 
guinit}'.  We  must,  therefore,  acquiesce  in  the  necessity,  which 
denounces  our  separation,  and  hold  them  as  we  hold  the  rest  of 
mankind,  enemies  in  w^ar,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of 
America,  in  general  congress  assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our  intentions, 
do,  in  the  name,  and  by  the  authority  of  the  good  people  of 
these  colonies,  solemnly  publish  and  declare.  That  these  United 
Colonies  are,  and  of  right  ought  to  be,  free  and  i7idej)endent 
States  ;  that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connexion  between  them  and  the 
state  of  Great  Britain,  is,  and  ought  to  be  totally  dissolved; 
and  that,  as  free  and  independent  States,  they  have  full 
power  to  levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  to  do  all  other  acts  and  things  which  indepen- 
dent States  may  of  right  do.  And,  for  the  support  of  this 
declaration,  with  a  firm  reliance  on  the  protection  of  DIVINE 
PROVIDENCE,  we  nnitually  pledge  to  each  other,  our  lives, 
our  fortunes,  and  our  sacred  honor. 

The  foi'egoing  declaration  was,  by  order  of  Congress,  en- 
grossed, and  signed  by  the  following  members : 

JOHN  HANCOCK. 


226 


APPENDIX. 


New  Hampshire. 
Josiah  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

Massa  ch  usetts  Sui/ . 
Samuel  Adams, 
John  Adams, 
Rohert  Treat  Paine, 
Elbridge  Gerry. 

Rhode  Island. 
Stephen  Hopkins, 
William  Ellery. 

Pennsijlcania. 
Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

Delaware. 
Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

Marijland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of  CarroUton. 

Connecticut. 
Roger  Sherman, 
Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott. 


Neiv  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  jun. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  juu. 
Thomas  Lynch,  jun. 
Arthur  Middleton. 

Georgia. 
Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


ARTICLES    OF   CONFEDERATION.  227 


III. 

ARTICLES    1)F    CONFEDERATION    AND     PERPETUAL     UNION 
BETWEEN   THE   STATES. 

To  all  to  irhom  these  presents  shall  come,  ive  the  undersigned 
Delegates  of  the  States  affixed  to  our  names,  send  greeting:  — 
AVhereas  the  Delegates  of  the  United  States  of  America  in  Con- 
gress assembled  did  on  the  loth  day  of  Xoveml)er  in  the  Year 
of  our  Lord  1777,  and  in  the  Second  Year  of  the  Independence 
of  America  agree  to  certain  articles  of  Confederation  and  per- 
petual Union  between  the  States  of  New-Hampshire,  Massachu- 
setts-bay, Khode-Island  and  Providence  Plantations,  Connecti- 
cut, New-York,  New-Jerse}',  Pennsylvania,  Delaware,  ^Nlary- 
land,  Virginia,  North-Carolina,  South-Carolina,  and  Georgia, 
in  the  words  following,  viz.  : 

Articles  of  Confederation  and  Perpetual  Union  between  the  States 
of  Xeio  Hampshire,  3Iassachusetts-bay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  Neic-York,  Neiv-Jersey, 
Pennsylvania,  Ddaware,  Maryland,  Virginia,  North-Caro- 
lina, South-Carolina,  and  Georgia. 

Akticle  I.  The  Stile  of  this  confederacy  shall  be  "The 
"  United  States  of  America." 

Article  II.  Each  state  retains  its  sovereignty,  freedom  and 
independence,  and  every  Power,  Jurisdiction  and  right,  which 
is  not  b}^  this  confederation  expressly  delegated  to  the  united 
states,  in  congress  assembled. 

Article  III.  The  said  states  hereby  severally  enter  into  a 
firm  league  of  friendship  with  each  other,  for  their  connnon 
defence,  the  security  of  their  Liberties,  and  their  nnitual  ar.d 
general  welfare,  binding  tiiomselves  to  assist  each  otlior,  against 
all  force  offered  to,  or  attacks  made  upon  them,  or  any  of  thein, 


228  APPENDIX. 

on  account  of  religion,  sovereignty,  trade,  or  any  other  pretence 
whatever. 

Article  IV.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  different 
states  in  this  Union,  the  free  inhabitants  of  each  of  these  states, 
[)aupers,  vagabonds,  and  fugitives  from  Justice  excepted,  shall 
be  entitled  to  all  privileges  and  immunities  of  free  citizens  in 
the  several  states  ;  and  the  people  of  each  state  shall  have  free 
ingress  and  regress  to  and  from  any  other  state,  and  shall  enjoy 
therein  all  the  privileges  of  trade  and  commerce,  subject  to  the 
same  duties,  impositions  and  restrictions  as  the  inhabitants 
thereof  respectively,  provided  that  such  restriction  shall  not 
extend  so  far  as  to  prevent  the  removal  of  property  imported 
into  any  state,  to  any  other  state  of  which  the  Owner  is  an 
inhabitant;  provided  also  that  no  imposition,  duties  or  restric- 
tions shall  be  laid  by  any  state,  on  the  property  of  the  united 
states,  or  either  of  them. 

If  any  person  guiltv  of,  or  charged  with  treason,  felony,  or 
other  high  misdemeanor  in  any  state,  shall  flee  from  Justice, 
and  be  found  in  an}'  of  the  united  states,  he  shall  upon  demand 
of  the  governor  or  executive  power,  of  the  state  from  which  he 
fled,  be  delivered  up  and  removed  to  the  state  having  jurisdic- 
tion of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to 
the  records,  acts  and  judicial  proceedings  of  the  courts  and 
magtistrates  of  every  other  state. 

Article  V.  For  the  more  convenient  management  of  the 
general  interest  of  the  united  states,  delegates  shall  be  annually 
appointed  in  such  manner  as  the  legislature  of  each  state  shall 
direct,  to  meet  in  congress  on  the  first  Monday  in  November, 
in  every  year,  with  a  power  reserved  to  each  state,  to  recal  its 
delegates,  or  any  of  them,  at  any  time  within  the  year,  and  to 
send  others  in  their  stead,  for  the  remainder  of  the  Year. 


ARTICLES   OP   CONFEDERATION.  221) 

No  state  shall  be  represented  in  congress  b}'  less  than  two, 
nor  by  more  than  seven  members  ;  and  no  person  shall  be  capa- 
ble of  being  a  delegate  for  more  than  three  years  in  any  term 
of  six  years  ;  nor  shall  any  person,  being  a  delegate,  be  capable 
of  holding  any  office  nnder  the  united  states,  for  which  he,  or 
another  for  his  benefit  receives  any  salary,  fees  or  emolument 
of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  any  meeting  of 
the  states,  and  while  they  act  as  members  of  the  committee  of 
the  states. 

In  determining  questions  in  the  united  states,  in  congress 
assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  congress  shall  not  be  im- 
l)eached  or  (luestioned  in  any  Court,  or  place  out  of  congress, 
and  the  ineml)ers  of  congress  shall  be  protected  in  their  persons 
from  arrests  and  imprisonments,  during  the  time  of  their  going 
to  and  from,  and  attendance  on  congress,  except  for  treason, 
felony,  or  breach  of  the  peace. 

Article  VI.  No  state  without  the  Consent  of  the  united 
states  in  congress  assembled,  shall  send  any  embassy  to,  or  re- 
ceive any  embassy  from,  or  enter  into  any  conference,  agree- 
ment, alliance  or  treaty  with  any  King  prince  or  state  ;  nor  shall 
any  person  holding  any  office  of  profit  or  trust  under  the  united 
states,  or  any  of  them,  accept  of  any  present,  emolument,  office 
or  title  of  any  kind  whatever  from  any  king,  prince,  or  foreign 
state  ;  nor  shall  the  united  states  in  congress  assembled,  or  any 
of  them,  grant  any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  confedera- 
tion or  alliance  whatever  between  them,  without  the  consent  of 
the  united  states  in  congress  assembled,  &i)ecifying  accurately 
the  purposes  for  which  the  same  is  to  be  entered  into,  and  how 
louo;  it  shall  continue. 


230  APPENDIX. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere 
with  any  stipulations  in  treaties,  entered  into  by  the  united 
states  in  congress  assembled,  with  any  king,  prince,  or  state,  in 
pursuance  of  any  treaties  already  proposed  by  congress,  to  the 
courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any 
state,  except  such  number  only,  as  shall  be  deemed  necessar}' 
by  the  united  states  in  congress  assembled,  for  the  defence  of 
such  state,  or  its  trade  ;  nor  shall  any  body  of  forces  be  kept 
up  by  any  state,  in  time  of  peace,  except  such  number  only,  as 
in  the  judgment  of  the  united  states,  in  congress  assembled, 
shall  be  deemed  requisite  to  garrison  the  forts  necessary  for  the 
defence  of  such  state  ;  but  every  state  shall  always  keep  up  a 
well  regulated  and  disciplined  militia,  sufficiently  armed  and 
accoutred,  knd  shall  provide  and  have  constantly  ready  for  use, 
in  public  stores,  a  due  number  of  field  pieces  and  tents,  and  a 
proper  quantity  of  arms,  ammunition  and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent  of  the 
united  states  in  congress  assembled,  unless  such  state  be  actu- 
ally invaded  by  enemies,  or  shall  have  received  certain  advice 
of  a  resolution  being  formed  by  some  nation  of  Indians  to  invade 
such  state,  and  the  danger  is  so  imminent  as  not  to  admit  of  a 
delay,  till  the  united  states  in  congress  assembled  can  be  con- 
sulted :  nor  shall  any  state  grant  commissions  to  any  ships  or 
vessels  of  war,  nor  letters  of  marque  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  united  states  in  congress  as- 
sembled, and  then  only  against  the  kingdom  or  state  and  tlie 
subjects  thereof,  against  which  war  has  been  so  declared,  and 
under  sucli  regulations  as  shall  be  established  by  the  united 
states  in  congress  assembled,  unless  such  state  be  infested  by 
pirates,  in  which  case  vessels  of  war  may  be  fitted  out  for  that 
occasion,  and  kept  so  long  as  the  danger  shall  continue,  or  until 
the  united  states  in  congress  assembled  shall  determine  other- 
wise. 


ARTICLES   OF   CONFEDERATION.  231 

Article  YII.  "When  land-forces  are  raised  by  any  state  for 
the  common  defence,  all  officei-s  of  or  nndor  the  rank  of  colonel, 
shall  be  appointed  by  the  legislature  of  each  state  respectively 
by  whom  such  forces  shall  be  raised,  or  in  such  manner  as  such 
state  shall  direct,  and  all  vacancies  shall  be  filled  up  by  the  state 
which  first  made  the  appointment. 

Article  VIII.  All  charges  of  war,  and  all  other  expenses 
that  shall  be  incurred  for  the  common  defence  or  general  wel- 
fare, and  allowed  by  the  united  states  in  congress  assembled, 
shall  be  defrayed  out  of  a  common  treasury,  which  shall  be 
supplied  by  the  several  states,  in  proportion  to  the  value  of  all 
land  within  each  state,  granted  to  or  surve^'ed  for  any  Person, 
as  such  land  and  the  buildings  and  improvements  thereon  shall 
be  estimated  according  to  such  mode  as  the  united  states  in 
congress  assembled,  shall  from  time  to  time,  direct  and  appoint. 
The  taxes  for  paying  that  proportion  shall  be  paid  and  levied 
by  the  authority  and  direction  of  the  legislatures  of  the  several 
states  within  the  time  agreed  upon  by  the  united  states  in  con- 
gress assembled. 

AirncLE  IX.  The  united  states  in  congress  assembled,  shall 
have  the  sole  and  exclusive  right  and  power  of  determining  on 
peace  and  war,  except  in  cases  mentioned  in  the  Gth  article  —  of 
sending  and  receiving  ambassadors  —  entering  into  treaties  and 
alliances,  provided  that  no  treaty  of  commerce  shall  be  made 
whereby  the  legislative  power  of  the  respective  states  shall  be 
restrained  from  imposing  such  imposts  and  duties  on  foreigners, 
as  their  own  people  are  subjected  to,  or  from  prohibiting  the 
exportation  or  importation  of  an}*  species  of  goods  or  commodi- 
ties whatsoever  —  of  establishing  rules  for  deciding  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  man- 
ner prizes  taken  by  land  or  naval  forces  in  the  service  of  the 
united  states  shall  be  divided  or  appropriated  —  of  granting  let- 


232  APPENDIX. 

ters  of  marque  and  reprisal  in  times  of  peace  —  appointing  courts 
for  trial  of  piracies  and  felonies  committed  on  the  high  seas 
and  establishing  courts  for  receiving  and  determining  finally 
appeals  in  all  cases  of  captures,  provided  that  no  member  of 
congress  shall  be  appointed  a  judge  of  any  of  the  said  courts. 

The  united  states  in  congress  assembled  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting  or 
that  hereafter  may  arise  between  two  or  more  states  concerning 
boundary,  jurisdiction  or  an}'  other  cause  whatever ;  which  au- 
thority shall  always  be  exercised  in  the  manner  following.  When- 
ever the  legislative  or  executive  authority  or  lawful  agent  of  any 
state  in  controversy  with  another  shall  present  a  petition  to  con- 
gress, stating  the  matter  in  question  and  praying  for  a  hearing, 
notice  thereof  shall  be  given  b}'  order  of  congress  to  the  legis- 
lative or  executive  authority  of  the  other  state  in  controversy, 
and  a  day  assigned  for  the  appearance  of  the  parties  by  their 
lawful  agents,  who  shall  then  be  directed  to  appoint  by  joint  con- 
sent, commissioners  or  judges  to  constitute  a  court  for  hearing 
and  determining  the  uiatter  in  question  :  but  if  the}'  cannot 
agree,  congress  shall  name  three  persons  out  of  each  of  the 
united  states,  and  from  the  list  of  such  persons  each  party  shall 
altei'nately  strike  out  one,  the  petitioners  beginning,  until  the 
number  shall  be  reduced  to  thirteen  ;  and  from  that  number  not 
less  than  seven,  nor  more  than  nine  names  as  congress  shall 
direct,  shall  in  the  presence  of  congress  be  drawn  out  by  lot,  and 
the  persons  whose  names  shall  be  so  drawn  or  any  five  of  them, 
sliall  be  commissioners  or  judges,  to  hear  and  finally  determine 
the  controversy,  so  always  as  a  major  part  of  the  judges  who 
shall  hear  the  cause  shall  agree  in  the  determination  :  and  if 
either  party  shall  neglect  to  attend  at  the  day  appointed,  without 
showing  reasons,  which  congress  shall  judge  sufficient,  or  being 
l)resent  shall  refuse  to  strike,  the  congress  shall  proceed  to  nomi- 
nate three  persons  out  of  each  state,  and  the  secretary  of  con- 
gress shall  strike  in  behalf  of  such  party  absent  or  refusing ; 


ARTICLES    OF    CONFEDERATION.  233 

and  the  jiulginent  find  sentence  of  the  court  to  be  aj)pointed,  in 
the  numner  before  prescribed,  sjuill  be  linal  and  conchisive  ; 
and  if  any  of  the  parties  shall  refuse  to  submit  to  the  autliorit}' 
of  such  court,  or  to  appear  or  defend  tlieir  chiini  or  cause,  the 
court  shall  nevertheless  proceed  to  pronounce  sentence,  or  judg- 
ment, which  shall  in  like  manner  be  final  and  decisive,  the  judg- 
ment or  sentence  and  other  proceedings  being  in  either  case 
transmitted  to  congress,  and  lodged  among  tlie  acts  of  congress 
for  the  security  of  the  parties  concerned  :  provided  that  every 
commissioner,  before  he  sits  in  judgment,  shall  take  an  oath  to 
be  administered  by  one  of  the  judges  of  the  supreme  or  superior 
Court  of  the  state,  where  the  cause  shall  be  tried,  "  well  and 
truly  to  hear  and  determine  the  manner  in  question,  according 
to  the  best  of  his  judgment,  without  favour,  affection  or  hope 
of  reward  :  "  provided  also  that  no  state  shall  be  deprived  of 
territory  for  the  benefit  of  the  united  states. 

All  controversies  concerning  the  private  right  of  soil  claimed 
under  different  grants  of  two  or  more  states,  whose  jurisdictions 
as  they  may  respect  such  lands,  and  the  states  which  passed  such 
grants  are  adjusted,  the  said  grants  or  either  of  them  being  at 
the  same  time  claimed  to  have  originated  antecedent  to  such 
settlement  of  jurisdiction,  shall  on  the  petition  of  either  party  to 
the  congress  of  the  united  states,  be  finally  determined  as  near 
as  may  be  in  the  same  manner  as  is  before  prescribed  for  decid- 
ing disputes  respecting  territorial  jurisdiction  between  different 
states. 

The  united  states  in  congress  assembled  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and 
value  of  coin  struck  by  their  own  authority,  or  by  that  of  the 
respective  states  —  fixing  the  standard  of  weights  and  measures 
throughout  the  United  States  —  regulating  the  trade  and  man- 
aging all  affairs  with  the  Indians,  not  members  of  any  of  the 
states,  provided  that  the  legislative  right  of  any  state  within  its 
own  limits  l)e  not  infringed  or  violated  —  establishing  or  rei>ulat- 


234  APPENDIX. 

ing  post-offices  from  one  state  to  auother,  throughout  all  the 
united  states,  and  exacting  such  postage  on  the  papers  passing 
thro'  the  same  as  may  be  requisite  to  defray  the  expenses  of  the 
said  office  —  appointing  all  officers  of  the  land  forces,  in  the  ser- 
vice of  the  united  states,  excepting  regimental  officers  —  ap- 
pointing all  the  officers  of  the  naval  forces,  and  commissioning 
all  officers  whatever  in  the  service  of  the  united  states  —  making 
rules  for  the  government  and  regulation  of  the  said  land  and 
naval  forces,  and  directing  their  operations. 

The  united  states  in  congress  assembled  shall  have  authority 
to  appoint  a  committee,  to  sit  in  the  recess  of  congress,  to  be 
denominated  "A  Committee  of  the  States,"  and  to  consist  of 
one  delegate  from  each  state ;  and  to  appoint  such  other  com- 
mittees and  civil  officers  as  may  be  necessary  for  managing  the 
general  affairs  of  the  united  states  under  their  direction  —  to 
appoint  one  of  their  number  to  preside,  provided  that  no  person 
be  allowed  to  serve  in  the  office  of  president  more  than  one  year 
in  any  term  of  three  years ;  to  ascertain  the  necessary  sums  of 
Money  to  be  raised  for  the  service  of  the  united  states,  and  to 
appropriate  and  apply  the  same  for  defraying  the  public  ex- 
penses—  to  borrow  money,  or  emit  bills  on  the  credit  of  the 
united  states,  transmitting  every  half  year  to  the  respective  states 
an  account  of  the  sums  of  money  so  borrowed  or  emitted,  — to 
build  and  equip  a  navy — to  agree  upon  the  number  of  land  forces, 
and  to  make  requisitions  from  each  state  for  its  quota,  in  pro- 
portion to  the  number  of  white  inhabitants  in  such  state  ;  which 
requisition  shall  be  binding,  and  thereupon  the  legislature  of 
each  state  shall  appoint  the  regimental  officers,  raise  the  men 
and  cloath,  arm  and  equip  them  in  a  soldier  like  manner,  at  the 
expense  of  the  imited  states ;  and  the  officers  and  men  so 
eloathed,  armed  and  ecpiipped  shall  march  to  the  place  ap- 
pointed, and  within  the  time  agreed  on  by  the  united  states  in 
congress  assembled  :  I>nt  if  the  united  states  in  congress  assem- 
bled shall,  on  considei'ation  or  circumstances  judge  proper  that 


ARTICLES   OF   CONFEDERATION.  235 

any  state  should  not  raise  men,  or  should  raise  a  smaller  num- 
ber than  its  quota,  and  that  any  other  state  should  raise  a  greater 
number  of  men  tlian  the  quota  thereof,  such  extra  lunnber  shall 
be  raised,  otlicered,  eloathed,  armed  and  equipped  in  tlie  same 
manner  as  the  quota  of  sucli  state,  unless  the  legishiture  of  such 
state  shall  judge  that  such  extra  number  cannot  be  safely  spared 
out  of  the  same,  in  vvliich  case  they  shall  raise,  officer,  cloath, 
arm  and  equip  as  many  of  such  extra  number  as  they  judge  can 
be  safely  s[)ared.  And  the  otlicers  and  men  so  eloathed,  armed 
and  equipped,  shall  march  to  the  place  appointed,  and  within 
the  time  agreed  on  by  the  united  states  in  congress  assembled. 

The  united  states  in  congress  assembled  shall  never  engage 
in  a  war,  nor  grant  letters  of  marque  and  reprisal  in  time 
of  peace,  nor  enter  into  any  treaties  or  alliances,  nor  coin 
money,  nor  regulate  the  value  thereof,  nor  ascertain  the  sums 
and  expenses  necessary  for  the  defence  and  welfare  of  the 
united  states,  or  any  of  them,  nor  emit  bills,  nor  borrow  money 
on  the  credit  of  the  united  states,  nor  appropriate  money,  nor 
agree  upon  the  number  of  vessels  of  war,  to  be  built  or  pur- 
chased, or  the  number  of  land  or  sea  forces  to  be  raised,  nor 
appoint  a  commander  in  chief  of  the  army  or  navy,  unless  nine 
states  assent  to  the  same  :  nor  shall  a  question  on  any  other 
point,  except  for  adjourning  from  day  to  day  be  determined, 
imless  by  the  votes  of  a  majority  of  the  united  states  in  con- 
gress assembled. 

The  Congress  of  the  united  states  shall  have  power  to  adjourn 
to  any  time  within  the  year,  and  to  any  place  within  the  united 
states,  so  that  no  period  of  adjournment  be  for  a  longer  dura- 
tion than  the  space  of  six  months,  and  shall  publish  the  fJournal 
of  their  proceedings  monthly,  except  such  parts  thereof  relating 
to  treaties,  alliances  or  military  operations,  as  in  their  judgment 
require  secrecy  ;  and  the  yeas  and  nays  of  the  delegates  of  each 
state  on  any  question  shall  be  entered  on  the  Journal,  when  it 
is  desired  by  any  delegate  ;  and  the  delegates  of  a  state,  or  any 


236  APPENDIX. 

of  them,  at  his  or  their  request  shall  be  furnished  with  a  tran- 
script of  the  said  Journal,  except  such  parts  as  are  above  ex- 
cepted, to  lay  before  the  legislatures  of  the  several  states. 

Article  X.  The  committee  of  the  states,  or  any  nine  of 
them,  shall  be  authorized  to  execute,  in  the  recess  of  congress, 
such  of  the  powers  of  congress  as  the  united  states  in  congress 
assembled,  by  the  consent  of  nine  states,  shall  from  time  to  time 
think  expedient  to  vest  them  with  ;  provided  that  no  power  be 
delegated  to  the  said  committee,  for  the  exercise  of  which,  b}' 
the  articles  of  confederation,  the  voice  of  nine  states  in  the  con- 
gress of  the  united  states  assembled  is  requisite. 

Article  XI.  Canada  acceding  to  this  confederation,  and 
joining  in  the  measures  of  the  united  states,  sliall  be  admitted 
into,  and  entitled  to  all  the  advantages  of  this  union  ;  but  no 
other  colony  shall  be  admitted  into  the  same,  unless  such  ad- 
mission be  agreed  to  by  nine  states. 

Article  XII.  All  bills  of  credit  emitted,  monies  borrowed 
and  debts  contracted  by,  or  under  the  authority  of  congress, 
l)efore  the  assembling  of  the  united  states,  in  pursuance  of  the 
present  confederation,  shall  be  deemed  and  considered  as  a 
charge  against  the  united  states,  for  payment  and  satisfac- 
tion whereof  the  said  united  states,  and  the  public  faith  are 
hereby  solemnly  pledged. 

Akticle  XIII.  Every  state  shall  abide  by  the  determina- 
tions of  the  united  states  in  congress  assembled,  on  all  ques- 
tions which  by  this  confederation  is  submitted  to  them.  And 
the  Articles  of  this  confederation  shall  be  inviolably  observed 
by  every  state,  and  the  union  shall  be  per[)etual  ;  nor  shall  an\- 
alteration  at  any  time  hereafter  be  made  in  any  of  them  ;  unless 
such  alteration  be  agreed  to  in  a  congress  of  the  united  states, 
and  be  afterwards  confirmed  bv  the  leoislatures  of  everv  state. 


ARTICLES   OF   CONFEDERATION. 


237 


And  Whereas  it  hntli  pleased  the  Great  Governor  of  llic 
World  to  incline  the  hearts  of  the  legislatures  we  respectively 
represent  in  congress,  to  approve  of,  and  to  authorize  us  to 
ratify  the  said  articles  of  confederation  and  perpetual  union. 
Know  Ye  that  we  the  undersigned  delegates,  by  virtue  of  the 
power  and  authority  to  us  given  for  that  purpose,  do  by  these 
presents,  in  the  name  and  in  behalf  of  our  respective  constitu- 
ents, fiilly  and  entirely  ratify  and  confirm  each  and  ever}'  of  the 
said  articles  of  confederation  and  perpetual  union,  and  all  and 
singular  the  matters  and  things  therein  contained :  And  we  do 
further  solemnly  plight  and  engage  the  faith  of  our  respective 
constituents,  that  the}'  shall  abide  by  the  determinatiqus  of  the 
united  states  in  congress  assembled,  on  all  questions,  which  by 
the  said  confederation  are  submitted  to  them.  And  that  the 
articles  thereof  shall  be  inviolably  observed  by  the  states  we 
respectively  represent,  and  that  the  union  shall  be  perpetual. 
In  witness  whereof  we  have  hereunto  set  our  hands  in  Congress. 
Done  at  Philadelphia  in  the  state  of  Pennsylvania  the  9th  day 
of  July  in  the  Year  of  our  Lord,  1778,  and  in  the  3d  year  of 
the  Independence  of  America. 


.Tosiah  Bartlett, 

.Tobn  Hancock, 
Samuel  Adams, 
Elbiidge  Gerry, 

William  Ellery, 
llcnry  Marchant, 

Iloger  Sheniiau, 
Samuel  Iliintington, 
Oliver  Wolcott, 
.las  Duane, 
Fras  Lewis, 

Jn"  Witherspoon, 

Rob'  ^^orri8, 
Daniel  Roberdeau, 
Jon»  Bayard  Smith, 


Jobn  Wentwortli, 
August  8th,  1771 
Francis  Dana, 
James  Lovell, 
Samuel  Holton, 

Jobn  Collins, 

Titus  Hosmer, 
Andrew  Adam, 

William  Duer, 
Gouvr  AEorris, 

Xath'  Scudder, 

William  Clingan, 
Joseph  Reed, 
22d  July,  1778. 


On  the  part  and  behalf  of  the 
state  of  New  Hampshire. 

On  the  part  and  behalf  of  the 
state  of  Massachusetts- Bay. 

On  the  part  and  behalf  of  the 
state  of  Rhode-Island  and 
Providence  Plantations. 

I    On  the  part  and  behalf  of  the 
(       state  of  Connecticut. 

1    On  the  part  and   behalf  of   the 

(       state  of  New-York. 

On  the  part  and  behalf  of  the 
state  of  New-Jersey,  Novem- 
ber 26th,  1778. 

On  the  part  and  behalf  of  the 
state  of  Pcnnsvlvania. 


238 


APPENDIX. 


Tho.  M'Kean,  Feb.  12,  1779, 
John  Dickinson,  May  5,  1779, 

John  Hanson, 

March  Ist,  1781, 
Richard  Henry  Lee, 
John  Banister, 
Thomas  Adams, 
John  Penn, 

July  21st,  1778, 
Henry  Laurens, 
William  Henrj'  Drayton, 
Jn»  Matthews, 
Jn"  'Walton, 

24th  July,  1778, 


Nicholas  Van  Dyke, 

Daniel  Carroll, 

March  1st,  1781, 
Jn»  Harvie, 
Francis  Lightfoot  Lee, 

Corns  Harnett, 
Jn"  Williams, 
Richd  Hutsou, 
Thos.  Heyward,  jun. 

Edw<i  Telfair, 
Edwi  Langworthy, 


)  On  the  part  and  behalf  of  the 

\  state  of  Delaware. 

I  On  the  part  and  behalf  of  the 

S  state  of  Maryland. 

]  On  the  part  and  behalf  of  the 

j  state  of  Virginia. 

1  On  the  part  and   behalf  of  the 

)  state  of  North  Carolina. 

)  On  the  part  and   behsilf  of  the 

I  elate  of  South  Carolina. 

1  On  the  part  and  behalf  of  the 

\  state  of  Georgia. 


CONSTITUTION   OF   THE    UNITED   STATES.  230 


THE  CONSTITUTION  OF  THE   UNITED  STATES 
OF  AMERICA. 


We  the  People  of  the  United  States,  in  order  to  form  a  more 
perfect  Union,  establish  Jnstice,  insure  domestic  Tranquillity, 
provide  for  the  common  defence,  promote  the  general  Wel- 
fare, and  secure  the  Blessings  of  Liberty  to  ourselves  and  our 
Posterity,  do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America. 

ARTICLE.   L 

Section.  1.  All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  consist 
of  a  Senate  and  House  of  Kepresentatives. 

Section.  2.  The  House  of  Representatives  shall  be  com- 
posed of  Members  chosen  every  second  year  by  the  People  of 
the  several  States,  and  the  Electors  in  each  State  shall  have 
the  Qualifications  requisite  for  Electors  of  the  most  numerous 
Branch  of  the  State  Legislature. 

No  person  shall  be  a  Representative  who  shall  not  have  at- 
tained to  the  Age  of  twenty  five  years,  and  been  seven  Years  a 
Citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  Inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union,  ac- 
cording to  their  respective  Numbers,  which  shall  be  determined 

[Note.  —  In  reprinting  the  constitution  here,  the  spelling,  punctuation, 
and  capitalization  of  the  original  have  been  preserved.] 


240  APPENDIX. 

by  addiug  to  the  whole  Number  of  free  Persons,  including  those 
bound  to  Service  for  a  Term  of  Years,  and  excluding  Indians 
not  taxed,  three  fifths  of  all  other  Persons.  The  actual  P^nu- 
meration  shall  be  made  within  three  Years  after  the  first  Meet- 
ing of  the  Congress  of  the  United  States,  and  within  every  sub- 
sequent Term  of  ten  Years,  in  such  ^Manner  as  they  shall  by 
Law  direct.  The  Number  of  Representatives  shall  not  exceed 
one  for  every  thirty  Thousand,  but  each  State  shall  have  at 
Least  one  Representative  ;  and  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to  chuse 
three,  Massachusetts  eight,  Rhode-Island  and  Providence  Plan- 
tations one,  Connecticut  five,  New-York  six.  New  Jersey  four, 
Pennsy^lvauia  eight,  Delaware  one,  Maryland  six,  Virginia  ten. 
North  Carolina  five,  South  Carolina  five,  and  Georgia  three. 

AVhen  vacancies  happen  in  the  Representation  from  any  State, 
the  Executive  Authority  thereof  shall  issue  Writs  of  Election  to 
fill  such  Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and 
other  officers  ;  and  shall  have  the  sole  Power  of  Impeachment. 

Section.  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  Legis- 
lature thereof,  for  six  Years  ;  and  each  Senator  shall  have  one 
Vote. 

Immediately  after  they  shall  be  assembled  in  Consequence  of 
the  first  Election,  the}'  shall  be  divided  as  equally  as  may  be 
into  tliree  Classes.  The  Seats  of  the  Senators  of  the  first  Class 
shall  be  vacated  at  the  Expiration  of  the  second  Year,  of  the 
second  Class  at  the  Expiration  of  the  fourth  Year,  and  of  the 
third  class  at  the  Expiration  of  the  sixth  Year,  so  that  one  third 
may  be  chosen  ever^^  second  Year ;  and  if  Vacancies  happen  by 
Resignation,  or  otherwise,  during  the  Recess  of  the  Legislature 
of  any  State,  the  Executive  thereof  maj^  make  temporary  Ap- 
pointments until  the  next  Meeting  of  the  Legislature,  which 
shall  then  fill  such  Vacancies. 


CONSTITUTION   OF   THE   UNITED   STATES.  241 

No  person  shall  I)e  a  Senator  who  shall  not  have  attained  to 
the  Age  of  thirty  Years,  and  been  nine  Years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  Inhabi- 
tant of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  Vote,  unless  they  be  equally 
divided. 

Tlie  Senate  shall  chuse  their  other  Officers,  and  also  a  Presi- 
dent pro  tempore,  in  the  Absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  Office  of  President  of  the  United 
States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeach- 
ments. When  sitting  for  that  Purpose,  they  shall  be  on  Oath 
or  Affirmation.  "When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside  :  And  no  Person  shall  be 
convicted  without  the  Concurrence  of  two  thirds  of  the  Mem- 
bers present. 

Judgment  in  Cases  of  Impeachment  shall  not  extend  farther 
than  to  removal  from  Office,  and  Disqualification  to  hold  and 
enjoy  any  Office  of  honour.  Trust  or  Profit  under  the  United 
States  :  but  the  Party  coniacted  shall  nevertheless  be  liable  and 
subject  to  Indictment,  Trial,  Judgment  and  Punishment,  accord- 
ing to  Law. 

Section.  4.  The  Times,  Places  and  Manner  of  holding  Elec- 
tions for  Senators  and  Representatives,  shall  be  prescribed  in 
each  State  by  the  Legislature  thereof;  but  the  Congress  may  at 
any  time  by  Law  make  or  alter  such  Regulations,  except  as  to 
the  places  of  chusing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year,  and 
such  Meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  Law  appoint  a  different  Day. 

Section.  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Returns  and  Qualifications  of  its  own  Members,  and  a  Majority 
of  each  shall  constitute  a  Quorum  to  do  Business  ;  but  a  smaller 


242  APPENDIX. 

Number  may  adjourn  from  day  to  day,  and  may  be  authorized 
to  compel  the  Atteudance  of  absent  Members,  in  such  Manner, 
and  under  such  Penalties  as  each  House  may  provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behaviour,  and,  with  the  Con- 
currence of  two  thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  Parts  as  may  in 
their  Judgment  require  Secrecy  ;  and  the  Yeas  and  Nays  of  the 
Members  of  either  House  on  any  question  shall,  at  the  Desire 
of  one  fifth  of  those  Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  vSessiou  of  Congress,  shall,  with- 
out the  Consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  Place  than  that  in  which  the  two  Houses  shall 
be  sitting. 

Section.  6.  The  Senators  and  Representatives  shall  receive 
a  Compensation  for  their  Services,  to  be  ascertained  by  Law, 
and  paid  out  of  the  Treasury  of  the  United  States.  The}'  shall 
in  all  Cases,  except  Treason,  Felony  and  Breach  of  the  Peace, 
be  privileged  from  Arrest  during  their  Attendance  at  the  Ses- 
sion of  their  respective  Houses,  and  in  going  to  and  returning 
from  the  same  ;  and  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  an}'  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for 
which  he  was  elected,  be  appointed  to  any  civil  Office  under 
the  Authority  of  the  United  States,  which  shall  have  been 
created,  or  the  Emoluments  whereof  shall  have  been  encreased 
during  such  time  ;  and  no  Person  holding  any  Office  under  the 
United  States,  shall  be  a  Member  of  either  House  during  his 
Continuance  in  Office. 

Section.  7.  All  Bills  for  raising  Revenue  shall  originate  in 
the  House  of  Representatives ;  but  the  Senate  may  propose  or 
concur  with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Representa- 


CONSTITUTION    OF   THE   UNITED   STATES.  24", 

tives  and  the  Senate,  sluill,  before  it  beeonie  a  Law,  he  pre- 
sented to  the  President  of  tlie  United  States  ;  If  he  api)rove  he 
shall  sign  it,  bnt  if  not  he  shall  return  it,  with  his  Objections  to 
that  House  in  which  it  shall  have  originated,  who  shall  enter 
the  Objections  at  large  ou  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two  thirds  of  that  House 
shall  agree  to  pass  the  Bill,  it  shall  be  sent,  together  with  the 
Objections,  to  the  other  House,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  bv  two  thirds  of  that  House,  it 
shall  become  a  Law.  But  in  all  such  cases  the  Votes  of  both 
Houses  shall  be  determined  by  yeas  and  Nays,  and  the  Names 
of  the  Persons  voting  for  and  against  the  Bill  shall  be  entered 
on  the  Journal  of  each  House  respectively.  If  any  Bill  shall 
not  be  returned  by  the  President  within  ten  Days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law,  in  like  Manner  as  if  he  had  signed  it,  unless  the 
Congress  by  their  adjournment  prevent  its  Return,  in  which 
Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence 
of  the  Senate  and  House  of  Representatives  may  be  necessary 
(except  on  a  question  of  Adjournment)  shall  be  presented  to 
the  President  of  the  United  States  ;  and  before  the  Same  shall 
take  Effect,  shall  be  approved  by  him,  or  being  disapproved  by 
him,  shall  be  repassed  by  two  thirds  of  the  Senate  and  House 
of  Representatives,  according  to  the  Rules  and  Limitations  pre- 
scribed in  the  Case  of  a  Bill. 

Section.  8.    The  Congress  shall  have  Power 

To  lay  and  collect  Taxes,  Duties,  Imposts  and  Excises,  to 
pay  the  Debts  and  provide  for  the  common  Defence  and  general 
Welfare  of  the  United  States  ;  but  all  Duties,  Imposts  and  Ex- 
cises shall  be  uniform  throughout  the  United  States  ; 

To  borrow  Money  on  the  credit  of  the  United  States  ; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the 
several  States,  and  with  the  Indian  Tribes  ; 


244  APPENDIX. 

To  establish  an  uniform  Rule  of  Natui-alization,  and  uniform 
Laws  on  the  subject  of  Bankruptcies  throughout  the  United 
States ; 

To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  JNIeasures  ; 

To  provide  for  the  Punishment  of  counterfeiting  the  Securi- 
ties and  current  Coin  of  the  United  States ; 

To  establish  Post  Offices  and  post  Roads ; 

To  promote  the  progress  of  Science  and  useful  Arts,  by  se- 
curing for  limited  Times  to  Authors  and  Inventprs  the  exclusive 
Right  to  their  respective  Writings  and  Discoveries  ; 

To  constitute  Tribunals  inferior  to  the  supreme  Court ; 

To  define  and  punish  Piracies  and  Felonies  committed  on  the 
high  Seas,  and  Offences  against  the  Law  of  Nations ; 

To  declare  War,  grant  letters  of  Marque  and  Reprisal,  and 
make  Rules  concerning  Captures  on  Land  and  Water ; 

To  raise  and  support  Armies,  but  no  Appropriation  of  Money 
to  that  Use  shall  be  for  a  longer  Term  than  two  Years  ; 

To  provide  and  maintain  a  Navy  ; 

To  make  Rules  for  the  Government  and  Regulation  of  the 
land  and  naval  Forces ; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insurrections  and  repel  Invasions  ; 

To  provide  for  organizing,  arming,  and  disciplining,  the  Mi- 
litia, and  for  governing  such  Part  of  them  as  may  be  employed 
in  the  Service  of  the  LTnited  States,  reserving  to  the  States 
respectively,  the  Appointment  of  the  Officers,  and  the  Authority 
of  training  the  Mihtia  according  to  the  Discipline  prescribed  by 
Congress  ; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever, 
over  such  District  (not  exceeding  ten  Miles  square)  as  may, 
by  Cession  of  particular  States,  and  the  Acceptance  of  Con- 
gress, become  the  Seat  of  the  Government  of  the  United  States, 
and  to  exercise ^ike  Authority  over  all  Places  purchased  by  the 


CONSTITUTION   OF   THE   UNITED   STATES.  245 

Consent  of  the  Legislature  of  the  State  in  which  the  Same  shall 
be,  for  the  Erection  of  Forts,  Magazines,  Arsenals,  Dock- 
Yards,  and  other  needful  Buildings  ;  —  And 

To  make  all  Laws  which  shall  be  necessary  and  i)roper  for 
carrying  into  Execution  the  foregoing  Powders,  and  all  other 
Powers  vested  bjj^  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Othcer  thereof. 

Skctiox.  !>.  Tile  Migration  or  Importation  of  such  Persons 
as  any  of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohi1)ited  b}^  the  Congress  prior  to  the  Year  one 
thousand  eight  hundred  and  eight,  but  a  Tax  or  Duty  may  be 
imposed  on  such  Importation,  not  exceeding  ten  dollars  for 
each  Person. 

The  Privilege  of  the  AVrit  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless  when  in  Cases  of  Kebellion  or  Invasion  the  pub- 
lic Safety  may  recpiire  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless  in 
Proportion  to  the  Census  or  Enumerntion  herein  before  directed 
to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any 
State. 

No  Preference  shall  be  given  by  any  Pegulation  of  Commerce 
or  Revenue  to  the  Ports  of  one  State  over  those  of  another : 
nor  shall  Vessels  bound  to,  or  from,  one  State,  be  obliged  to 
enter,  clear,  or  pay  Duties  in  another. 

No  money  shall  be  drawn  from  the  Treasury,  but  in  Conse- 
quence of  Appropriations  made  by  Law  ;  and  a  regular  State- 
ment and  Account  of  the  Receipts  and  Expenditures  of  all  pub- 
lic Money  shall  be  published  from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  United  States  : 
And  no  Person  holding  any  Office  of  Profit  or  Trust  under 
them,  shall,  without  the  Consent  of  the  Congress,  accept  of  au\' 
present.  Emolument,  Office,  or  Title,  of  any  kind  whatever, 
from  any  King,  Prince,  or  foreign  State. 


246  APPENDIX. 

Section.  10.  No  State  shall  enter  into  any  Treaty,  Alliance, 
or  Confederation  ;  grant  Letters  of  Marque  and  Reprisal ;  coin 
Money  ;  emit  Bills  of  Credit ;  make  any  Thing  l)ut  gold  and 
silver  Coin  a  Tender  in  Payment  of  Debts  ;  pass  any  Bill  of 
Attainder,  ex  post  facto  Law,  or  Law  impairing  the  Obligation 
of  Contracts,  or  grant  any  Title  of  Nobility. 

No  vState  shall,  without  the  consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports  or  Exports,  except  what  ma}'  be 
absolutely  necessary  for  executing  its  inspection  Laws :  and  the 
net  produce  of  all  Duties  and  Imposts,  laid  bj-  any  State  on 
Imports  or  Exports,  shall  be  for  the  Use  of  the  Treasury  of 
the  United  States ;  and  all  such  Laws  shall  be  subject  to  the 
Revision  and  Controul  of  the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement  or  Compact  with  another 
State,  or  with  a  foreign  Power,  or  engage  in  War,  unless 
actuall}'  invaded,  or  in  such  imminent  Danger  as  will  not  admit 
of  Delay. 

ARTICLE.  II. 

Section.  1.  The  executive  Power  shall  be  vested  in  a  Presi- 
dent of  the  United  States  of  America.  He  shall  hold  his 
Office  during  the  Term  of  four  Years,  and,  together  with  the 
Vice  President,  chosen  for  the  same  Term,  l^e  elected,  as  fol- 
lows: 

Each  State  shall  appoint,  in  such  Manner  as  the  Legislature 
thereof  may  direct,  a  Number  of  Electors,  equal  to  the  whole 
Number  of  Senators  and  Representatives  to  which  the  State 
may  be  entitled  in  the  Congress  :  but  no  Senator  or  Representa- 
tive, or  Person  holding  an  Office  of  Trust  or  Profit  under  the 
United  States,  shall  be  appointed  an  Elector. 

^The  Electors  shall  meet  in  their  respective  States,  and  vote 

1  This  clause  has  been  superseded  by  the  12th  amendment. 


CONSTITUTION   OF   THE    UNITED   STATES.  247 

by  Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be 
an  Inhabitant  of  the  same  State  with  themselves.  And  they 
shall  make  a  List  of  all  the  Persons  voted  for,  and  of  the 
Number  of  Votes  for  each  ;  which  List  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  Seat  of  the  Government  of  the 
United  States,  directed  to  the  President  of  tlio  Senate.  The 
President  of  the  Senate  shall,  in  the  Presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  Certificates,  and  the 
Votes  shall  then  l)e  counted.  The  Person  having  the  greatest 
Number  of  Votes  shall  be  the  President,  if  such  Number  be  a 
Majority  of  the  wliole  Number  of  P^lectors  appointed ;  and  if 
tliere  be  more  than  one  who  have  such  ]\Lijority  and  have  an 
equal  number  of  Votes,  then  the  House  of  Representatives  shall 
immediatelv  chuse  by  Ballot  one  of  them  for  President ;  and  if 
no  Person  have  a  Majority,  tlien  from  the  five  highest  ou  the 
List  the  said  House  sliall  in  like  manner  chuse  the  President. 
But  in  chasing  the  President,  the  Votes  shall  1)6  taken  by 
States,  the  Representation  from  each  State  having  one  Vote  ;  a 
Quorum  for  this  Purpose  shall  consist  of  a  INIeniber  or  Mem- 
bers from  two  thirds  of  the  States,  and  a  ^Majority  of  all  the 
States  shall  be  necessary  to  a  choice.  In  every  Case,  after  the 
Choice  of  the  President,  the  Person  having  the  greatest  Number 
of  Votes  of  the  Electors  shall  be  the  Vice  President.  But  if 
there  slionld  remain  two  or  more  wiio  have  equal  Votes,  the 
Senate  shall  chuse  from  them  by  Ballot  the  Vice  President. 

Tlie  Congress  may  determine  the  Time  of  chusing  the  Elec- 
tors, and  the  Day  on  which  they  shall  give  tlieir  Votes  ;  which 
Day  shall  be  the  same  througliout  the  United  States. 

No  Person  except  a  natural  1)orn  Citizen,  or  a  Citizen  of  the 
United  States,  at  the  time  of  the  Adoption  of  this  Constitution, 
shall  be  eligible  to  the  Otiice  of  President ;  neither  shall  any 
Person  be  eligible  to  that  Office  who  shall  not  have  attained  to 
the  Age  of  thirty  five  Years,  and  been  fourteen  Years  a  Resi- 
dent within  the  United  States. 


248  APPENDIX. 

lu  Case  of  the  Removal  of  the  President  from  Office,  or  of 
his  Detith,  Resignation,  or  Inability  to  discharge  the  Powers 
and  Duties  of  tlie  said  office,  the  same  shall  devolve  on  the 
Vice  President,  and  the  Congress  may  by  Law  provide  for  the 
Case  of  Removal,  Death,  Resignation,  or  Inability,  both  of  the 
President  and  Vice  President,  declaring  what  Officer  shall  then 
act  as  President,  and  such  Officer  shall  act  accordingly,  until 
the  Disabihty  be  removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  services, 
a  Compensation,  which  shall  neither  be  encreased  nor  dimin- 
ished during  the  Period  for  which  he  shall  have  been  elected, 
and  he  shall  not  receive  within  that  Period  any  other  Emolu- 
ment from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  Execution  of  liis  Office,  he  shall  take 
the  following  Oatli  or  Affirmation  :  — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  exe- 
"  cute  the  Office  of  President  of  the  United  States,  and  will  to 
"  the  best  of  my  Ability,  preserve,  protect  and  defend  the  Con- 
"  stitution  of  tlie  United  States." 

Sectiox.  2.  Tlie  President  shall  be  Commander  in  Chief  of 
the  Arni}^  and  Navy  of  the  United  States,  and  of  the  Militia  of 
the  several  States,  when  called  into  the  actual  Service  of  the 
United  States  ;  he  may  require  the  Opinion,  in  writing,  of  the 
principal  Officer  in  each  of  the  executive  Departments,  upon 
any  Subject  relating  to  the  Duties  of  their  respective  Offices, 
and  he  shall  have  Power  to  grant  Reprieves  and  Pardons  for 
Offences  against  the  United  States,  except  in  Cases  of  Impeach- 
ment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent 
of  the  Senate,  to  make  Treaties,  provided  two  thirds  of  the 
Senators  present  concur  ;  and  he  shall  nominate,  and  by  and 
with  the  Advice  and  Consent  of  the  Senate,  shall  appoint 
Aml)assadors,  other  public  Ministers  and  Consuls,  Judges  of 
the  supreme  Court,  and  all  other  Officers  of  the  United  States^ 


CONSTITUTION   OF   THE   UNITED   STATES.  249 

whose  Appointments  are  not  hcfcin  otherwise  provided  for,  and 
which  shall  be  established  by  Law  :  bnt  the  Congress  may  by 
Law  vest  the  Appointment  of  such  inferior  Otticers,  as  they 
think  proper,  in  the  President  alone,  in  the  Courts  of  Law,  or 
in  the  Heads  of  Departments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Recess  of  the  Senate,  by  granting  Com- 
missions which  shall  expire  at  the  End  of  their  next  Session. 

Section.  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  L^uion,  and  recommend  to  their 
Consideration  such  Measures  as  he  shall  judge  necessary  and 
expedient ;  he  may,  on  extraordinary  Occasions,  convene  both 
Houses,  or  either  of  them,  and  in  Case  of  Disagreement  between 
them,  with  Respect  to  the  time  of  Adjoinnment,  he  may  adjourn 
them  to  such  Time  as  he  shall  think  proper  ;  he  shall  receive 
Ambassadors  and  other  public  Ministers  ;  he  shall  take  Care 
that  the  Laws  be  faithfully  executed,  and  shall  Commission  all 
the  officers  of  the  United  States. 

Skction.  4.  The  President,  Vice  President  and  all  civil  Ofii- 
cers  of  the  United  States,  shall  be  removed  from  Office  on 
Impeachment  for,  and  Conviction  of,  Treason,  Bribery,  or  other 
high  Crimes  and  Misdemeanors. 

ARTICLE,   in. 

Section.  1.  The  Judicial  Power  of  the  United  States,  shall 
be  vested  in  one  supreme  Court,  and  in  such  inferior  Courts  as 
the  Congress  may  from  time  to  time  ordain  and  establish.  The 
Judges,  both  of  the  supreme  and  inferior  Courts,  shall  hold 
their  Othces  during  good  liehavior,  and  shall,  at  stated  Times, 
receive  for  their  Services,  a  Compensation  which  sluill  not  be 
diminished  during  their  Continuance  in  (^tfice. 

Section.  2.  The  Judicial  Power  shall  extend  to  ;\11  Cases,  in 
Law  and  Equity,  arising  under  this  Constitution,  the  Laws 
of  the  United  States,  and  Treaties  made,  or  which  shall    be 


250  APPENDIX. 

made,  under  their  Authority  ;  —  to  all  Cases  affecting  Ambassa- 
dors, other  public  Ministers  and  Consuls  ;  —  to  all  Cases  of 
admiralty  and  maritime  Jurisdiction  ;  —  to  Controversies  to 
which  the  United  States  shall  be  a  Party  ;  —  to  Controversies 
between  two  or  more  States  ;  —  between  a  State  and  Citizens 
of  another  State;  —  between  Citizens  of  different  States, — 
between  Citizens  of  the  same  State  claiming  Lands  under  Grants 
of  different  States,  and  between  a  State,  or  the  Citizens  thereof, 
and  foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadoi's,  other  public  Ministers 
and  Consuls,  and  those  in  which  a  State  shall  be  Party,  the 
supreme  Court  shall  have  original  Jurisdiction.  In  all  the 
other  Cases  before  mentioned,  the  supreme  Court  shall  have 
ai)pellate  Jurisdiction,  botli  as  to  Law  and  Fact,  with  such 
Exceptions,  and  under  such  Regulations  as  the  Congress  shall 
make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Lnpeachment, 
shall  be  by  Jur}' ;  and  such  Trial  shall  be  held  in  the  State 
where  the  said  Crimes  shall  have  been  committed  ;  but  when 
not  committed  within  any  State,  the  Trial  shall  be  at  such  Place 
or  Places  as  the  Congress  may  by  Law  have  directed. 

Section.  3.  Treason  against  the  United  States,  shall  consist 
only  in  levying  War  against  them,  or  in  adhering  to  their 
Enemies,  giving  them  Aid  and  Comfort.  No  Person  shall  be 
convicted  of  Treason  unless  on  the  Testimony  of  two  Witnesses 
to  the  same  overt  Act,  or  on  Confession  in  open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punishment  of 
Treason,  ])ut  no  Attainder  of  Treason  shall  work  Corruption 
of  Blood,  or  Forfeiture  except  during  the  Life  of  the  Person 
attainted. 

ARTICLE.    IV. 

Section.  1.  Full  Faith  and  Credit  shall  be  given  in  each 
State  to  the  pul)lic  Acts,  Records,  and  judicial  Proceedings  of 


CONSTITUTION    OF   THE   UNITED   STATES.  I'ol 

every  other  State.  And  the  Congress  may  by  general  Laws 
prescribe  the  Manner  in  which  snch  Acts,  Kecords,  and  Pro- 
ceedings shall  be  proved,  and  the  P^ft'ect  thereof. 

Section.  2.  The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  Immunities  of  Citizens  in  the  several  States. 

A  Person  charged  in  any  State  with  Treason,  Felony,  or 
other  Crime,  who  shall  flee  from  Justice,  and  be  found  in  another 
State,  shall  on  Demand  of  the  executive  Authority  of  the  State 
from  which  he  fled,  l)e  delivi-red  up,  to  be  removed  to  the  State 
having  Jurisdiction  of  the  Crime. 

No  Person  held  to  Service  or  Labour  in  one  State,  under  the 
Laws  thereof,  escaping  into  another,  shall,  in  Consequence  of 
any  Law  or  Regulation  therein,  be  discharged  from  such  Service 
or  l^abour,  l)ut  shall  he  delivered  up  on  Claim  of  the  Party  to 
whom  such  Service  or  Labour  may  be  due. 

Section.  3.  New  States  may  be  admitted  by  the  Congress 
into  this  Union  ;  l»ut  no  new  State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any  other  State  ;  nor  any  State  be 
formed  by  the  Junction  of  two  or  more  States,  or  Parts  of 
States,  without  the  Consent  of  the  Legislatures  of  the  States 
concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  Power  to  dispose  of  and  make  all 
needful  Rules  and  Regulations  respecting  the  Territory  or  other 
Property  belonging  to  the  United  States  ;  and  nothing  in  this 
Constitution  sliall  be  so  construed  as  to  Prejudice  any  Claims 
of  the  United  States,  or  of  any  particular  State. 

Section.  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government,  and 
shall  protect  each  of  them  against  Invasion,  and  on  Application 
of  the  Legislature,  or  of  the  Executive  (when  the  Legislature 
cannot  be  convened)  against  domestic  Violence. 

ARTICLE.   X. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  Amendments  to  this  Constitu- 


252  APPENDIX. 

tion,  or,  on  the  Application  of  the  Legislatures  of  two  thirds  of 
the  several  States,  shall  call  a  Convention  for  proposing  Amend- 
ments, which,  in  either  Case,  shall  be  valid  to  all  Intents  and 
Purposes,  as  Part  of  this  Constitution,  when  ratified  by  the 
Legislatures  of  three  fourths  of  the  several  States,  or  by  Con- 
ventions in  three  fourths  thereof,  as  the  one  or  the  other  Mode 
of  Ratification  may  be  proposed  liy  the  Congress  ;  Provided 
tliat  no  Amendment  which  may  be  made  prior  to  the  Year  one 
thousand  eight  hundred  and  eight  shall  in  any  Manner  affect 
the  first  and  fourth  Clauses  in  the  Ninth  Section  of  the  first 
Article  ;  and  that  no  State,  without  its  Consent,  shall  be  de- 
prived of  its  equal  Suffrage  in  the  Senate. 

ARTICLE.   VL 

All  Debts  contracted  and  Engagements  entered  into,  before 
the  Adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confeder- 
ation. 

This  Constitution,  and  the  Laws  of  the  United  States  which 
shall  be  made  in  Pursuance  thereof ;  and  all  Treaties  made,  or 
which  shall  be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land  ;  and  the  Judges  in  every 
State  shall  be  bound  thereby,  any  Thing  in  the  Constitution  or 
Laws  of  any  State  to  the  Contrary  notwithstanding. 

The  Senators  and  Kepresentatives  before  mentioned,  and  the 
Members  of  the  several  State  Legislatures,  and  all  executive 
and  judicial  Officers,  both  of  the  United  States  and  of  the  sev- 
eral States,  shall  l)e  bound  by  Oath  or  Affirmation,  to  su[)port 
this  Constitution  ;  but  no  religious  Test  shall  ever  be  required 
as  a  Qualification  to  any  Office  or  public  Trust  under  the  United 
States. 

ARTICLE.    YII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be 
suflicient  for  the  Establishment  of  this  Constitution  between  the 
States  so  ratifving  the  Same. 


CONSTITUTION    OF    THE   UNITED   STATES. 


253 


DoNK  in  Conventiou  b}'  the  Unanimous  Consent  of  tlie  States 
present  the  Seventeenth  Day  of  September  in  the  Year  of 
our  Lord  one  thousand  seven  hundred  and  Eighty  seven 
and  of  the  Independence  of  the  United  States  of  America 
the  T^velfth.  In  Witness  whereof  We  have  hereunto 
subscribed  our  Names, 

G"  WASHINGTON  — 

Presidt  and  deputy  from  Virginia 


John  Langdon 


NEW   HAMPSHIRE. 

Nicholas  Oilman 


MASSACHUSETTS. 
Nathaniel  Gokhaji  Rufus  King 


Wm  Saml  Johnson 


Alexander  Hamilton 


WiL  Livingston 
Wm  Paterson 


B  Franklin 
RoiiT  Morris 
Tho  Fitzsimons 
James  Wilson 


Geo  Read 
John  Dickinson 
Jaco  Broom 

James  M'Henry 
Danl  Carroll 


CONNECTICUT. 

Roger  Sherman 

NEW   YORK. 

NEW  JERSEY. 

David  Brearley 
Jona  Dayton 

PENNSYLVANIA. 

Thomas  Mifflin 
Geo  Clymer 
Jared  Ingersoll 
Gouv  Morris 

DELAWARE. 

Gunning  Bedford,  Jun'r 
Richard  Bassett 

MARYLAND. 

Dan  of  St  Thos  Jenifer 


254 


APPENDIX. 


John  Blair 


Wm  Blount 
Hu  Williamson 


j  rutledge 
Charles  Pinckney 


William  Few 

Attest 


VIRGINIA. 

James  Madison,  Jr 

NORTH   CAROLINA. 

Rich'd  Dobbs  Spaight 

SOUTH   CAROLINA. 

Charles  Cotesworth  Pinckney 
Pierce  Butler 

GEORGIA. 

Abr   Baldwin 


WILLIAM   JACKSON,  Secretary. 


Articles  in  Addition  to,  and  Amendment  of,  the 
Constitution  of  the  United  States  of  Aivierica, 

Proposed  by  Congress,  and  ratified  by  the  Legislattires  of  the 
several  States,  2nirsuant  to  the  fifth  article  of  the  original 
Constitution. 

(ARTICLE  I.) 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging 
the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  Government 
for  a  redress  of  grievances. 

(ARTICLE  IL) 

A  well  regulated  INIilitia,  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  Arms,  shall 
not  be  infringed. 


AMENDMENTS   TO   THE   CONSTITUTION.  2oo 

(ARTICLE  III.) 

No  Soldier  shall,  iu  time  of  peace  be  quartered  iu  auy  house, 
without  the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

(ARTICLE  IV.) 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  AV^arrauts  shall  issue,  but  upon 
probable  cause,  supported  by  Oath  or  aflirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be*  seized. 

(ARTICLE  V.) 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
Grand  Jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  Militia,  when  in  actual  service  in  time  of  War  or  pub- 
lic danger  ;  nor  shall  any  person  be  subject  for  the  same  offence 
to  be  twice  put  in  jeopard}'  of  life  or  limb  ;  nor  shall  be  com- 
pelled in  any  Criminal  Case  to  be  a  witness  against  himself,  nor 
be  deprived  of  life,  liberty',  or  property,  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

ARTICLE  VL) 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  si)eed3'  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  b}-  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted wuth  the  witnesses  against  him  ;  to  have  Compulsor}- 
process  for  obtaining  Witnesses  in  his  favour,  and  to  have  the 
Assistance  of  Counsel  for  his  defence. 


256  APPENDIX. 

(ARTICLE  VII.) 

In  Suits  at  common  law,  where  the  vahie  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served, and  no  fact  tried  by  a  jury  shall  be  otherwise  re-exam- 
ined in  any  Court  of  the  United  States,  than  according  to  the 
rules  of  the  common  law. 

(ARTICLE  VIII.) 

Excessive  bail  shall  not  be  required,  nor  excessive  tines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

(ARTICLE  IX.) 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall 

not  be  construed  to  deny  or  disparage  others  retained  by  the 

people. 

(ARTICLE  X.) 

The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

(ARTICLE  XL) 

The  Judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  Citizens  of  an- 
other State,  or  by  Citizens  or  Subjects  of  any  P'oreign  State. 

(ARTICLE  XII.) 

The  P'lectors  shall  meet  in  their  respective  states,  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  state  with  them- 
selves ;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President,  and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice-President, 


AMENDMENTS   TO   THE   CONSTITUTION.  257 

and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  government 
of  the  United  States,  directed  to  the  President  of  the  Senate  ; 
—  The  President  of  the  Senate  shall,  in  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted  ;  —  The  person  having  the  greatest 
numbur  of  votes  for  President,  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  Electors  a[)- 
pointed  ;  and  if  no  person  have  such  majority,  then  from  the 
persons  having  the  highest  numbers  not  exceeding  three  on  the 
list  of  those  voted  for  as  President,  the  House  of  Representa- 
tives shall  choose  immediately,  by  ballot,  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice-President  shall  act  as  President,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of  the  Presi- 
dent.—  The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such  number  be 
a  majority  of  the  whole  number  of  P^lectors  appointed,  and  if 
no  person  have  a  majority',  then  from  the  two  highest  numbers 
on  the  list,  the  vSenate  shall  choose  the  Vice-President ;  a  quo- 
rum for  the  purpose  shall  consist  of  two-thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  number  shall 
be  necessary  to  a  choice.  But  no  person  constitutionally  ineli- 
gible to  the  office  of  President  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States. 

(ARTICLE  XIII.) 

Skotion  1.    Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall  have  been 


258  APPENDIX. 

duh'  couvicted,  shall  exist  Avithin  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

Sect.  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

(ARTICLE  XIV.) 

Section  1 .  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States,  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  tiie  United  States  ;  nor 
shall  any  State  deprive  any  person  of  life,  liberty,  or  property 
without  due  process  of  law,  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

Sect.  2.  Representatives  shall  be  apportioned  among  the 
several  States,  according  to  their  respective  numbers,  counting 
the  whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  president  and  vice-president  of  the  I'nited 
States,  representatives  in  Congress,  the  executive  and  judicial 
officers  of  a  State,  or  the  members  of  the  legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  such  State,  being 
twenty-one  years  of  age,  and  citizens  of  the  United  States,  or 
in  any  wa^-  abridged,  except  for  particii)ation  in  rebellion  or 
other  crimes,  the  basis  of  representation  sliall  be  reduced  in  the 
proportion  which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens,  twenty-one  years  of  age,  in 
such  State. 

Sect.  .3.  No  person  shall  be  a  senator  or  representative  in 
Congress,  or  elector  of  president  or  vice-president,  or  hold  any 
office,  civil  or  military,  under  the  United  States  or  under  any 
State,  who  having  previously  taken  an  oath  as  a  member  of 
Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member 
of  any  State  legislature,  or  as  an  executive  or  judicial  officer  of 


AMENDMENTS   TO    THE   CONSTITUTION.  ^oO 

any  State,  to  support  the  Constitution  of  the  United  States, 
shall  have  engaged  in  insurrection  or  rebellion  against  the  same, 
or  given  aid  or  comfort  to  the  enemies  thereof.  But  Congress 
may  by  a  vote  of  two-thirds  of  each  house  remove  such  disa- 
bility. 

Sect.  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned.  But  neither  the  United 
States,  nor  any  State,  shall  assume  or  pay  any  debt  or  ol)liga- 
tion  incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any 
slave  ;  but  all  such  debts,  obligations,  and  claims  shall  be  held 
illegal  and  void. 

Sect.  5.  The  Congress  shall  have  power  to  enforce  by  appro- 
priate legislation  the  provisions  of  this  article. 

(ARTICLE   XV.) 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  al)ridged  by  the  United  States,  or  by  any 
State,  on  account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

Sect.  2.  The  Congress  shall  have  power  to  enforce  this  arti- 
cle by  appropriate  legislation. 


INDEX. 


INDEX   TO   THP]    STATES. 


Agency,  70. 

Aliens,  45. 

Asyhims,  55. 

Borough,  44. 

Canals,  75. 

Children  and  parents,  50. 

Cities  and  otiieers,  43. 

Common  carriers,  TA. 

Contracts,  59. 

Counties  and  otiieers,  4;l 

Courts,  42. 

Criminals,  .")5. 

Deeds,  (17. 

Education,  47;  county  superintendent 

of,  4.3;  state  superintendent  of,  47. 
Express  companies,  74. 
(iovernor,  39. 
Haheas  corpus,  writ  of,  57. 
Insurance.  71. 
Interest,  70. 
Judiciary,  41. 
Juries,  grand  and  petit,  52;  trial  hy, 

53. 
Laws,  sources  of,  4<i. 
Leases,  (MJ. 
Legislature,  41. 
Liens,  05. 


Marriage,  48. 

Militia,  54. 

Mortgages,  04. 

Notes,  ()9. 

Officers  of  city,  43;  of  county,  43;  of 

state,  39. 
Orphan's  courts,  42. 
Parents  and  children,  50. 
Partnership,  02. 
Prisons,  55. 
Probate  courts,  42. 
Promissory  notes,  09. 
Railroads,  73. 
Receipts,  09. 
Sales,  07. 
States,  division  of,  42;  officers  of,  .39: 

organization  of,  .39. 
Superintendent  of  public  instruction, 

43,44. 
Surrogates'  court,  42. 
Taxes,  51. 
Tenant,  0(). 
Towns,  44. 
Trial  by  jury,  53. 
Villages,  44. 
Voters,  45. 
Wills,  .58. 


INDEX   TO   THE   NATIONAL   GOVERNMENT. 


Academy,  military,  147;  naval,  1.50. 
Account  of  receipts  and  expenditures 
of  i)ublic  funds  to  be  published,  204. 
Adjournment  of  Congress,  97. 
Adjutant-General,  144,  14(5. 


Administrative  Department,  82, 123. 
Agriculture,  commi.ssioner  of,  152. 
Alliance  of  states  prohibited,  188. 
Ambassadors  to  and  from  other  gov- 
ernments, 130. 


262 


INDEX. 


Amendments,  to  bills,  05;  to  constitu- 
tion, 209. 

Anth'os,  Governor,  7,  8,  i),  11, 13. 

Appointment  of  members  of  Congress 
to  certain  offices  forbidden,  121. 

Appropriations  of  money,  1114;  for  the 
army,  118. 

Archives,  bureau  of,  131. 

Aristocracy,  defined,  78. 

Arms,  right  of  the  people  to  keep, 
guaranteed,  29. 

Army,  tlie,  145;  officers  of ,  145 ;  appi-o- 
priations  for,  118. 

Articles  of  Confederation,  19;  weak- 
ness of,  21,  22,  187. 

Assemblage  of  the  people,  right  of,  29. 

Attainder,  bill  of,  26,  118,  198. 

Attorney-General,  166, 17();  assistants, 
l(i(),  170. 

Auditors  of  the  Ti'easury,  135. 

Bail,  admitted  to,  '.V>. 

Bankruptcy,  107. 

Banks,  national,  142;  taxed,  141. 

Base  line,  158. 

Bill  of  attainder,  2(i,  118, 198;  of  credit, 
192 ;  f)f  rights,  25. 

Bills,  92;  for  raising  revenue,  92. 

Borrow  money,  power  of  Congress  to, 
102. 

Boston,  founded,  (>. 

Cabinet  of  the  President,  129. 

California,  discovered,  2. 

Carolinas,  the,  discovered,  1;  settled, 
11. 

Cash,  public  lands  sold  for,  l.")9. 

Censi;s,  bureau  of  the,  15.3. 

Chart  of  base  line  and  principal  me- 
ridian, 1.58. 

Civil  government,  77;  polity,  77; 
rights,  190, 197;  state.  ;>9:  service,  212. 

Coal-lands,  ICO. 

Coast-survey,  1.3(i. 

Colonial  conference,  10;  Congresses,  17, 
18,  20. 

Commerce,  foreign,  103;  interstate, 
105,  171. 

Commissioner  of  .\griculture,  1.52; 
Customs,  13,S;  Education,  1.53:  In- 
dian   Affairs.    152;    Interstate   Com- 


merce, 171;  Patents,  153;  Pensions, 
152;  Public  Lands,  152;  Revenue, 
special,  VM. 

Committees  of  each  house  of  Congress, 
88,  91. 

Common  defense,  102. 

Communism  tried  at  Plymouth,  G;  in 
Virginia,  4. 

Comptroller  of  the  Currency,  i;i5. 

Confederation,  Articles  of,  adopted,  19, 
21;  weakness  of,  21,  22,  187;  of  the 
New  England  colonies,  7,  9,  11,  15. 

Congress,  adjournment,  97,  128;  com- 
mittees, 88,  91;  impeachment,  98; 
journal,  fK);  members  of,  85;  duties 
of,  88;  organization,  87;  powers  of, 
99;  quorum,  88;  restrictions  upon 
powers,  118;  rights  of  each  house. 
89;  rules,  91;  sessions,  87. 

Connecticut,  settled,  8. 

Constitution,  25;  adopted  and  ratified, 
19;  by  whom  framed,  21;  imperfect, 
209;  objects  of,  22;  jirearable  of,  21. 

Constitutional  amendments,  209;  com- 
mands, 204. 

Continental  Congresses,  18-20. 

Contracts,  laws  impairing,  193. 

Con.suls,  130,  LSI. 

Copyright,  109,  109. 

Coronado,  explorations  of,  2. 

Counterfeiting,  Congress  may  punish, 
108. 

Courts,  cii-cuit,  174;  of  claims,  176; 
district,  175;  of  District  of  Columbia, 
175;  supreme,  174;  of  territories, 
17(i;  jurisdiction  of,  179,  183;  officers 
of,  170;  may  be  established  by  Con- 
gress, 109. 

Coxe,  Daniel,  counsels  union  of  the 
colonies,  10. 

Currency,  Comptroller  of,  i;^. 

Customs  revenue,  1.37. 

Dead-letter  office,  U'A. 

Declaration,  of  Independence,  18,  36; 
of  Rights,  17,  l.S. 

Delaware,  settled,  11. 

Democratic  form  of  government  in 
Maryland,  9;  in  Massachusetts,  5: 
in  Rhode  Island,  10. 


INDEX. 


2»>8 


Democracy,  defined,  78. 

Departments  of,  the  Interior,  lliit,  152 
Justice,  129,  IWJ;  Navy,  12!t,  149 
Post  Otiice,  129, 1()2:  State,  131,  132 
Treasury,  loO,  VM :  War,  129,  144. 

Desert-lands,  1(J0. 

De  Soto,  explorations  of,  2. 

District,  courts,  175;  of  Columbia,  112. 

Diplomati(;  bureau,  130. 

Drake,  Sir  Francis,  discoveries  of,  2. 

Duties,  99,  100:  export^  119,  194. 

Electoral  Count,  120. 

Education,   bui'eau   of,   119;    commis- 
sioner of,  153. 

Elective  franchise,  rights  to,  37,  201. 

Election  of  members  of  Congress,  85, 
113;  of  President,  113,  124. 

Eminent  domain,  right  of,  ;>."). 

Excise  duties  and  taxes,  99. 

K.xecutive  Department,  82,  123. 

Export  duty,  119,  199. 

Ex  post  facto  law,  20,  US,  19:?,  19S. 

Florida,  discovered,  1. 

Foreign  commerce,  103. 

F(n-eign  service  of  Post-Ottice  Dejmrt- 
ment,  103. 

Forms  of  civil  government,  77. 

Franklin,  Benjamin,  10;  plans  for 
imion  of  the  colonies,  17. 

Fugitive,  criminals,  205,  200;  slaves, 
195. 

General  welfare  (dause  of  the  consti- 
tution, 102. 

tieneral  powei's  of  Congress,  111;  of 
the  President,  127. 

Georgia,  settled,  13. 

Gorges  and  Mason,  7. 

Gosnold,  attempts  at  .settlement,  3. 

Government  of  the  United  States,  79; 
division  of  powers,  80. 

Grand  jury,  31,  178. 

Habeas  corpus,  writ  of,  25,  198. 

Hamilton,  Alexander,  139,  143. 

Hor.ie.stead  rights,  159,  KJl  ;  of  sol- 
diers, 159. 

Hudson,  Henry,  discoveries,  K. 

Immediate  delivery  of  letters,  104. 

Impairing  contracts,  193. 

Impeachment,  98,  1S4,  185,  1S(;. 


Impost  duties,  99,  138,  139. 

Independence,  declaration  of,  18,  '.Mi. 

Indian  affairs,  bureau  of,  l.VJ;  commis- 
sioner of,  152. 

Indians,  commerce  with,  100. 

Interior  Department,  152. 

Internal  revenue  system,  140. 

Interstate  commerce,  105,  171 ;  com- 
missioners of,  171. 

Introd action,  historic,  1. 

Journal  of  each  house  of  Congress,  90. 

Judges  of  courts  ai)p()inted  by  the 
President,  175. 

Judicial  Department,  82,  174. 

Jurisdiction  of  courts,  109,  174,  175, 
179,  18:'.. 

Jury,  grand,  17.S;  right  of  trial  by,  27, 
34. 

Justice,  constitution  formed  to  estab- 
lish, 23;  department  of,  100. 

Kennebec  river,  settlement  on,  :>. 

Lands,  jjublic,  130. 

Law,  due  process  of,  32. 

Laws,  how  passed,  92-97;  publication 
of,  97:  signed  by  the  President,  90: 
when  to  take  effect,  97. 

Legislative  Department,  81,  ,S4:  dia- 
gram of,  84. 

Legislation,  methods  of,  92. 

Letters,  dead,  i:'.0;  registry  of,  l(i4. 

Liberty,  constitution  established  to 
secure,  24. 

Light-house  board,  142. 

Locke,  John,  his  grand  model  of  gov- 
ernment, 12. 

Maine,  3,  0,  114. 

Map,  of  section  of  public  land,  157 :  of 
townships  of  jmblic  land,  l.">(j. 

Maryland,  9. 

Massachusetts,  1,  3,  5,  114. 

Mayflower,  written  compact  in,  5. 

Measures,  regulated  by  Congress,  lO.S. 

Mechlenberg,  N.  C,  declared  for  inde- 
pendence, IS. 

Members  of  Congress,  85;  appointed 
to  other  officios,  112;  how  elected,  8(); 
oath  of  otHce,  122;  privileges  of,  80; 
(jualifications,  S5;  salary,  121 ;  vacan- 
cies, how  tilled,  122. 


264 


INDEX. 


Methods  of  legislation,  92. 

Military  Academy,  147. 

Militia  of  the  states,  25, 116. 

Mineral  lands,  IGO. 

Ministers  to  and  from  other  govern- 
ments, 130,  181. 

Mint,  the,  142. 

Minute-men,  organized,  18. 

Monarchy,  defined,  78. 

Money,  may  be  regulated  by  Congress, 
108,  192. 

Money-order  system,  1G3. 

Narragansett  bay,  visited,  1;  settled, 
10. 

National  banks,  system  of,  142;  taxa- 
tion of,  141. 

Naturalization,  107,  1<)8. 

Naval  Academy,  150. 

Navigation,  bureau  of,  149. 

Navy  Department,  149. 

Navy,  the,  151 ;  ofKcers  of,  151 ;  vessels 
classified,  151. 

New  England,  visited,  1,3;  named,  ;!. 

New  Hampshire,  7. 

New  Jersey,  12. 

New  states  may  be  admitted  by  Con- 
gress, 114,  120. 

New  York,  8,  13;  bay,  1. 

Nobility,  titles  of,  110,  200. 

North  Carolina,  1,  3,  11. 

Oath  of  office,  of  members  of  Con- 
gress, 122;   of  President,  120. 

Objects,  of  the  constitution,  22;  of 
taxation,  99,  101. 

Ofticers,  of  courts,  170;  by  whom  ap- 
pointed, 177;   terms  of  service,  177. 

Organization,  of  Congress,  87:  of  the 
government,  20. 

Pardons  and  passports,  bureau  of, 
1.33. 

Patents,  109,  153;  connnissioner  of, 
152. 

Penn,  William,  13;  plans  for  union  of 
the  colonies,  16. 

Pennsylvania,  13. 

Pensions,  bureau  of,  152;  commissioner 
of,  152. 

Personal  rights,  196. 

PetitioQ,  right  of,  29. 


Piracy,  punishment  of,  110. 

Plymouth  colony,  5. 

Postage,  rates  of,  165. 

Postal  notes,  163. 

Post-office  Department,  162. 

Post-offices  and  post-roads,  may  be  es- 
tablished by  Congress,  108. 

Powers,  of  Congress,  99;  of  the  Presi- 
dent, 123,  127;  of  the  United  States, 
division  of,  80;  reserved,  35;  restric- 
tions upon, 118. 

Preamble  of  the  constitution,  21. 

Pre-emptions,  of  public  lands,  159. 

Preferences  to  ports.  Congress  prohib- 
ited to  give,  119. 

President,  the,  124;  approves  or  vetoes 
bills,  96;  how  elected,  124;  general 
powers,  127;  makes  treaties,  127; 
oath  of  office,  127:  powers,  128,  129; 
qualifications,  126 ;  salary,  127. 

Press,  freedom  of,  guarantied,  29. 

Principal  meridian,  1.58. 

Principles  of  civil  government,  79. 

Private   property   for    public   use,   30. 

Presidential  succession,  129. 

Privileges,  of  citizens,  27,  .37,  196,  197; 
of  members  of  Congress,  8(). 

Prohibitions,  upon  Congress,  118,  upon 
the  states,  188;  upon  the  United 
States,  198;  of  slavery,  113;  of  the 
slave-trade,  113,  211. 

Protections,  to  American  industry,  9t<, 
101:  to  private  property,  30;  of  the 
states  against  invasion,  207. 

Public  debts,  101,  202,  208;  records, 
114,  204. 

Public  lands,  115,  152,  156;  commis- 
sioner of,  152;  sale  of,  159. 

Punislnnent  of  counterfeiting,  108;  of 
pira(■J^  110;  of  treason,  114. 

Qualifications  of  members  of  Congress, 
S5;  of  President,  126. 

Qualifications  of  voters  in  early  Con- 
necticut, 9;  in  Massachusetts,  7:  in 
Pennsylvania,  13;  in  Rhode  Island,. 
11. 

Quorum  of  each  house  of  Congress, 
88. 

Raleigh,  Sir  Walter,  2;  city  of,  3. 


INDEX. 


205 


Register  of  the  Treasury,  130. 

Kegulation,  of  commerce,  103;  of  meas- 
ures, money,  and  weights,  108. 

Relations  of  the  states,  187. 

Religious  freedom,  guarantied,  28,  29, 
201;  in  Maryland,  10;  in  Khode 
Islan<l,  11. 

Reports  of  coniniittees,  !H;  action  upon, 
95;  effect  of,  !.I5. 

Representative  bodies  in  the  colonies: 
Connecticut,  9:  Delaware,  11;  IVIary- 
land,  9;  Massachusetts,  5;  New 
Hampsliire,  7:  New  Jersey,  12,  13; 
New  York,  8;  North  Carolina,  12; 
Pennsylvania,  13;  Rhode  Island,  10, 
11;   Virginia,  5. 

Republican  foi-m  of  government  guar- 
antied to  each  state,  200. 

Revenue  system,  138:  customs,  138; 
internal,  140. 

Rhode  Island,  1,  10. 

Rights,  Bill  of,  24;  civil  and  personal, 
196,  197;  Declarati(m  of,  17,  18;  of 
citizens  of  each  state,  27,  37,  205; 
to  assemble  peaceably,  29;  to  keep 
and  bear  arms,  29;  to  jury  trial,  27, 
34;  to  speedy  trial,  33;  of  each  house 
of  Congress,  89;  reserved,  188. 

Rolls  and  archives,  bureau  of,  1.32. 

Rules  of  each  house  of  Congress, 
91. 

Salary  of  members  of  Congress,  121; 
of  President,  127. 

Saline  lauds,  KiO. 

Santa  Fe,  founded,  2. 

Search  warrants,  30. 

Secret  sessions  of  Congress,  90. 

Section  of  public  land,  map  of,  157. 

Signal  corps,  145. 

Slaves,  fugitive,  195. 

Slave-trade  in  the  United  Sates,  be- 
ginnings of,  1,  2;  Congress  may 
abolish,  113;  taxation  of,  113. 

Slavery,  prohibited,  113,  202. 

Smith,  John,  visits  and  names  New 
England,  3. 

Smithsonian  Institution,  170. 

Soldiers'  homestead  rights,  159. 

South  Carolina,  1,  2,  12. 


Speaker,  presiding  officer  of  the  House, 
88;  duties  of,  88. 

State  Department,  130. 

States,  may  not  impose  tai'iff  duties, 
nor  keep  troops  without  cousent  of 
Congress,  116;  new  may  be  admitted, 
120;  consolidation  and  division  of, 
120;  equality  of  in  the  Senate,  211; 
responsible  for  action  of  their  citi- 
zens, 196,  197. 

Statistics,  bureau  of,  137. 

St.  Augustine  founded,  2. 

Survey  of  coast,  136. 

Tariff,  VM,  139;  effects  of,  99,  101,  138, 
139;  states  cannot  impose,  116. 

Tatffes,  capitation,  99,  118;  direct,  199; 
how  levied,  118,  194,  li>9;  income, 
140;  must  be  uuiform,  101;  objects 
of,  lOf;  power  to  levy,  99;  stamp, 
140. 

Territorial  courts,  17(5;  jurisdiction  of, 
183. 

Testimony,  accused  not  compelled  to 
furnish,  32. 

Trade-marks,  154. 

Translators  for,  State  Department,  133. 

Treason,  defined,  114;  may  be  pun- 
ished, 120. 

Treasurer  of  the  United  States,  X36. 

Treasury  Department,  i:34. 

Treaties,  made  by  President,  127;  con- 
firmed by  Senate,  127. 

Timber-culture,  lauds  obtained  by, 
160. 

Township  of  land,  map  of,  156. 

Trials,  after  acquitted,  31;  by  jury, 
34;  in  impeachment,  185;  in  United 
States  courts,  178 ;  speedy,  aud  whei-e 
the  crime  was  committed,  33. 

Union,  more  i^erfect,  one  object  of  the 
constitution,  22. 

United  States,  government  of,  77. 

Unity  of  the  colonies,  plans  for,  14, 16, 
17;  tendency  towards,  14. 

Vacancies,  in  office  of  member  of  Con- 
gress, how  filled,  122. 

Vermont,  114. 

Vice-President,  the,  81,  84, 124, 125,129. 

Virginia,  3,  4. 


21  Ki 


INDEX. 


Vote,  37,  202;    how  member  of  Cou- 

gress,  91. 
War,  Congress  may  declare.  111,  190; 

states  cannot  engage  in,  190. 
War  Department,  144. 


Washington,  George,  19, 1.39. 
Weights,  may  be  regulated  by  Con- 
gress, 108. 
Williams,  Roger,  10. 
Yeardley,  governor  of  Virginia,  5. 


THE 


STATE  AI^D   LOCAL 


GOVERNMENT  OF  NEW  YORK. 


WITH  THE 


TEXT    OF    ITS    CONSTITUTION. 


BY 

ORLANDO   LEACH. 


^n  ^pjpcntiix  to  **©ur  larputilic/* 


LEACH,    SHE  WELL,    &   SANBORN, 

BOSTON  AND  NEW  YORK. 


Copyright,  1888, 
By  leach,  SHEWELL,  &  SANBORN. 


Typography  by  J.  8.  Cushing  &  Co.,  Boston. 
Pkesswork  by  Berwick  &  Smith,  Boston. 


THE  STATE  AND  LOCAL  GOVERNMENT 
OF  NEW  YORK. 


oX«c 


This  state  is  the  first  in  population,  but  the  nineteenth 
in  area  in  square  miles.  It  surpasses  all  the  others  in  the 
extent  of  its  manufacturiiig  and  commercial  interests, 
while  in  the  value  of  its  agricultural  products  and  live 
stock,  it  maintains  a  high  rank. 

Historically,  it  is  also  full  of  interest  to  the  student. 
Before  its  occupation  by  white  men  it  had  been  peopled 
by  Indians,  who  afterward  became  known  as  the  Five 
Nations.  You  have  learned  in  your  history  that  this  was 
once  a  colony  controlled  by  the  Dutch,  and  afterward  by 
the  English.  You  have  also  studied  with  interest  the 
narrative  of  the  trials  and  hardships  which  the  early  set- 
tlers endured,  and  the  perils  they  encountered  in  redeem- 
ing this  territory  from  savagery  and  solitude,  and  in  lay- 
ing the  foundations  of  the  Empire  State. 

Many  of  the  most  exciting  events  of  the  war  of  the 
Revolution  transpired  in  this  territory.  In  the  war  of 
1812  it  was  also  the  scene  of  many  stirring  and  important 
events.  During  the  late  war  it  sent  438,000  soldiers  to 
the  field. 

It  is  divided  into  sixty  counties,  and  these  again  are 
subdivided  into  toAvnships,  which  also  embrace  within 
their   territory   many    incorporated    villages    and    cities. 


4  GOVERNMENT   OF   NEW   YORK. 

There  are  now  (1888),  thirty  cities,  the  aggregate  popula- 
tion of  which  is  more  than  half  that  of  the  whole  state. 

A  Constitution  is  a  written  instrument  defining  the 
fundamental  principles  upon  which  a  state  or  other  organ- 
ized body  of  men  have  agreed  for  their  government.  It 
is  also  sometimes  called  the  organic  law.  There  have 
been  three  constitutions  of  the  state,  each  nearly  the  same 
as  its  predecessor  in  its  main  features.  The  first  was 
framed  and  adopted  in  1777,  the  second  in  1822,  and  the 
third  in  1846.  This  one,  with  its  amendments,  is  in  force 
at  the  present  time.  , 

These  several  instruments  were  framed  by  the  delegates 
chosen  by  the  people,  and  were  adopted  by  the  people 
themselves.  The  Constitution  makes  provision  for  its 
own  amendment  by  a  convention,  which  may  be  called 
once  in  twenty  years.  Such  convention  for  revision  and 
amendment  was  ordered  by  a  popular  vote  in  1866,  and 
again  in  1886,  but  the  state  authorities  have  so  far  (1888) 
failed  to  make  provision  for  election  of  delegates,  and  to 
take  other  necessary  steps  for  its  being  held. 

The  legal  voters  of  the  state  may  approve  or  disapprove 
of  any  or  all  acts  done  by  their  delegates  in  a  constitu- 
tional convention.  Politically,  the  people  are  the  source 
of  all  power,  and  the  fundamental  law  as  laid  down  in  the 
Constitution  is  of  their  creation.  Legislation  being  less 
far-reaching  in  its  effects,  and  the  objects  concerning  which 
it  is  had  being  so  many,  the  people  confer  upon  their 
representatives  in  the  different  departments  of  govern- 
ment the  power  to  give  it  full  force  and  effect. 

Beside  this  way  of  amending  the  Constitution,  there  is 
still  another  way  provided.     Such  amendments  may  be 


INDIVIDUAL   EIGHTS.  —  VOTERS.  5 

proposed  in  the  Legislature,  and  if  they  receive  the  en- 
dorsement of  both  houses  in  two  successive  legishitures, 
and  are  then  ratified  by  the  people  by  a  constitutional 
majority,  the}'  become  a  part  of  the  fundamental  law. 

Individual  Kig-hts.  —  The  Constitution  very  appropri- 
ately counnences  with  a  declaration  of  the  rights  of  citi- 
zens, which  it  deems  inalienable,  and  which  have  been 
contended  for  by  freemen,  and  those  struggling  to  be  free, 
since  the  days  of  the  Magna  Charta.  They  were  secured 
to  us  by  our  War  of  Independence. 

The  most  important  of  these  are:  The  right  to  —  all  the 
rights,  privileges  and  immunities  of  citizenship ;  trial  by 
jury;  the  privilege  of  the  writ  of  habeas  corpus;  exemp- 
tion from  excessive  bail  or  fines  and  cruel  or  unusual 
punishments,  a"nd  from  unreasonable  search  or  seizure  of 
person  or  property,  or  deprivation  of  life,  liberty  or  prop- 
erty, without  due  process  of  law  and  freedom  to  produce 
witnesses ;  just  compensation  for  all  private  property  taken 
for  public  uses  ;  free  speech  ;  a  free  press ;  and  free  assem- 
blage peaceably  for  discussion,  or  to  petition  the  govern- 
ment. 

Voters.  —  Such  persons  are  qualified  to  vote  at  all  gen- 
eral elections  as  are  male  citizens  of  the  age  of  twenty- 
one  years.  Such  citizenship  must  have  been  for  a  period 
of  ten  days  preceding  an  election,  and  the  person  must 
also  have  resided  in  the  state  for  one  j'ear,  the  county  four 
months,  and  thirty  days  in  the  election  district  where  he 
may  offer  his  vote.  The  several  periods  named  must  be 
those  immediately  preceding  an  election  at  which  a  vote 
is  to  be  taken.  Women  may  vote  at  school  meetings,  but 
at  no  other  elections. 


6  GOVERNMENT   OF   NEW   YORK. 

A  person  is  said  to  "  gain  a  residence  "  in  the  periods 
named.  A  student  at  a  seminary  does  not  gain  a  resi- 
dence there ;  and  a  sailor  upon  the  seas  does  not  lose 
a  residence,  however  long  his  absence.  An  alien  cannot 
gain  a  residence,  no  matter  how  long  he  may  live  in  a 
place  or  state.  He  must  first  become  a  citizen  by  renounc- 
ing fealty  to  any  foreign  power,  and  swearing  allegiance  to 
our  government. 

Residence  must  be  continuous,  yet  travellers  do  not  lose 
theirs  by  being  away  from  home.  A  person  is  disqualitied 
to  vote  if  he  has  directly  or  indirectly  offered  another  a 
valuable  consideration  for  his  vote,  or  if  he  has  made  a 
wager  with  him  upon  the  result  of  any  election,  or  is 
directly  or  indirectly  interested  in  any  bet  that  is  pending 
upon  its  result.  It  is  also  as  unlawful  to  hold  out  any 
inducement  to  withhold  a  vote  as  it  is  to  induce  one  to 
vote  in  any  particular  way.  Any  person  convicted  of 
heinous  crime  is  disqualified  from  voting,  unless  pardoned 
by  the  governor.  Neither  educational  nor  property  quali- 
fications are  required.  All  elections  must  be  by  ballot, 
except  that  it  may  be  provided  by  law  otherwise,  in  case 
of  some  town  officers. 

In  the  cities  of  New  York  and  Brooklyn  all  voters,  in 
order  to  be  properly  qualified,  must  personally  register 
their  names  at  least  ten  days  j)i'ioi*  to  any  election.  In 
other  parts  of  the  state  they  must  also  be  registered,  but 
such  registry  does  not  need  to  be  renewed  except  in  case 
of  a  change  of  residence. 

Except  in  the  cities  above  named,  the  time  of  electing 
city,  village,  and  town  officers  is  not  the  same  as  that  of 
the  annual  state  election,  which  occurs  on  the  Tuesday 
after  the  first  Monday  in  November.     If  a  person's  right 


THE    LEGISLATURE.  7 

to  vote  is  challenged,  he  may  deposit  his  ballot  on  taking 
oaths  required  by  law. 

The  polls  are  closed  at  sunset,  when  the  votes  must  be 
counted  at  once  by  the  inspectors  of  the  election,  a  record 
made  of  the  same  and  certified  to  by  them,  and  then  the 
ballots  are  destroyed.  The  candidate  having  the  greatest 
number  of  votes  for  any  office  is  declared  elected.  This  is 
election  by  a  plurality:  it  is  not  required  that  any  one 
should  have  a  majority  of  all  the  votes  cast. 

The  Legislative  power  of  tlie  state  is  vested  in  one 
body,  which  is  divided  into  two  branches,  called  the  Senate 
and  Assembly.  The  former  consists  of  thirty-two  mem- 
bers elected  for  two  years,  and  the  latter  of  one  hundred 
twenty-eight,  elected  annually.  For  the  purposes  of  elec- 
tion the  state  is  divided  into  Senate  and  Assembly  dis- 
tricts,^ each  of  which  should  respectively  contain  a  nearly 
equal  population,  not  including  aliens.  It  is  stipulated, 
however,  that  no  county  shall  be  divided  in  forming  a 
senate  district,  unless  it  is  entitled  to  two  or  more  sena 
tors,  and  no  township  in  the  formation  of  an  assembly 
district ;  in  each  case  the  territory  must  be  convenient  and 
contiguous. 

Each  county,  except  Hamilton,  is  entitled  to  at  least 
one  member  of  the  Assembly.  The  boundaries  of  the 
several  districts  are  liable  to  changes  after  each  decennial 
enumeration,  to  correspond  with  changes  in  the  popula- 
tion. Such  readjustment  was  made  following  the  census 
of  1875,  but  none  has  since  been  made,  owing  to  the  fail- 
ure to  comply  with  that  provision  of  the  Constitution  re- 
quiring an  enumeration  once  in  ten  years.     The  compen- 

1  For  a  list  of  these,  see  pages  95,  96. 


8  GOVERNlVrENT   OF  NEW  YORK. 

sation  of  members  is  fixed  at  $1500  per  annum,  with  some 
small  addition  for  travelling  expenses  in  going  and  return- 
ing once  for  each  session.  The  Legislature  meets  for  its 
annual  session  on  the  first  Tuesday  in  January. 

It  may  meet  in  special  session  at  any  time  upon  call  of 
the  governor,  but  at  such  times  it  can  legislate  only  upon 
those  mutters  for  which  it  was  convened. 

A  member  cannot  accept  any  other  office  in  the  gift  of 
the  state,  or  from  any  city  government,  or  from  the  gov- 
ernment of  the  United  States  during  his  term.  A  citizen 
is  not  eligible  to  election,  who  within  one  hundred  days 
previous  to  it  has  been  a  member  of  Congress,  or  a  civil 
or  military  officer  of  the  United  States,  or  held  office  under 
any  city  government.  His  acceptance  of  any  other  ap- 
pointment or  election  to  office  under  any  government 
would  vacate  his  seat. 

Each  house  is  the  judge  of  the  returns  and  qualifications 
of  its  own  members,  and  makes  its  own  rules  of  order  and 
procedure.  A  majority  constitutes  a  quorum,  and  is  nec- 
essary to  the  transaction  of  business.  The  Senate  is  pre- 
sided over  by  the  Lieutenant-Governor.  Its  other  officers 
are  of  its  own  selection.  The  Assembly  chooses  all  its 
officers,  first  electing  one  of  its  own  members  by  ballot  as 
presiding  officer,  who  is  called  the  Speaker ;  he  appoints 
all  the  committees  of  this  body.  The  Senate  elects  its 
committees. 

The  Clerk  of  the  previous  Assembly  calls  that  body  to 
order.  His  list  of  members  is  made  from  those  having 
certificates  regular  in  form  on  file  in  the  office  of  the  Sec- 
retary of  State.  His  services  are  continued  until  his 
successor  is  elected.  The  clerk,  sergeant-at-arms  and 
other  necessary  officers  are  not  members  of  the  body  they 


THE    LEGISLATURE.  9 

serve.  The  Secretary  of  State  usually  administers  the 
oath  to  the  members. 

All  the  proceedings  of  the  Legislature  are  public,  and 
each  house  keeps  a  journal  which  is  published,  except  in 
any  case  the  public  welfare  requires  secrecy.  In  order 
that  members  may  be  fearless  in  discharge  of  public  duty, 
words  spoken  in  debate  in  either  house  cannot  be  called 
in  question  elsewhere. 

No  law  can  be  enacted  except  by  a  bill,  and  any  bill  may 
originate  in  either  house  ;  but  to  secure  its  passage,  a  ma- 
jority of  each  house  must  be  agreed  upon  its  exact  terms. 
The  enacting  clause  of  all  bills  is  prescribed  by  the  Consti- 
tution, and  is  in  these  words :  The  people  of  the  State  of 
Neiv  York,  represented  in  Senate  and  Assembli/,  do  enact  as 
follows :  Private  or  local  bills  must  relate  to  a  single  subject 
only.  For  further  restrictions  upon  this  body  in  relation  to 
the  nature  of  the  bills  it  may  pass,  see  Constitution,  pages 
53,  54,  71.  General  laws  which  affect  alike  all  individuals, 
associations,  corporations,  and  communities,  and  not  special 
enactments  granting  to  any  person  or  association  any  ex- 
clusive privilege,  immunity  or  franchise,  are  either  en- 
joined or  encouraged  by  this  instrument.  Bills  creating  a 
public  debt  or  charge,  or  which  discharge  or  commute  any 
claim  or  demand  of  the  state,  must  be  voted  upon  by  taking 
the  yeas  and  nays  which  shall  be  recorded  upon  the  jour- 
nals, and  three-fifths  of  either  house  shall  be  necessary  at 
such  times  to  constitute  a  quorum.  If  a  bill  imposes  or 
revives  a  tax,  it  must  state  explicitly  the  object  to  which 
the  money  is  to  be  applied. 

An  important  duty  of  the  Legislature  is  the  election  of 
United  States  Senators.  For  method  of  procedure,  see 
"Our  Republic,"  page  86.     By  joint  ballot  also  it  elects 


10  GOVERNMENT   OF   NEW   YORK. 

Regents  of  the  University,  who  are  not  ex-officio  members. 
Certain  state  oliticials  can  only  be  appointed  under  ap- 
proval of  the  Senate ;  and  this  body,  in  connection  with 
the  Court  of  Appeals,  may  sit  as  a  court  to  try  the  gov- 
ernor, judges,  or  other  high  officials,  if  they  are  impeached 
by  the  Assembly  for  high  crimes  and  misdemeanors. 

To  facilitate  the  transaction  of  business,  each  house  has 
its  appropriate  committees,  to  which  all  bills  are  referred. 
Public  hearings  are  often  given  to  those  who  favor  or 
oppose  such  bills.  In  this  way  the  people  reach  and  influ- 
ence legislation  most  directly.  See  pages  92-97  of  "Our 
Republic  "  for  usual  method  of  consideration  and  passage 
of  bills. 

The  Executive  power  of  the  state  is  vested  in  a  Gov- 
ernor and  Lieutenant-Governor,  who  are  elected  by  the 
people  and  hold  office  for  three  years  from  the  first  day  of 
January  following  their  election.  The  time  for  their  elec- 
tion is  the  same  as  that  of  members  of  the  Legislature,  viz., 
the  Tuesday  after  the  first  INIonday  in  November.  Any 
citizen  of  the  United  States,  thirty  years  of  age,  and  who 
has  for  five  years  preceding  an  election  resided  in  the 
state,  is  eligible  to  either  office.  If  there  are  several  can- 
didates, the  ones  having  the  largest  number  of  votes  are 
declared  elected. 

The  Governor  is  Commander-in-chief  of  the  militia,  and 
of  any  naval  force  the  state  may  have.  It  is  his  duty  to 
give  information  to  the  Legislature  concerning  affairs 
affecting  the  welfare  of  the  state,  and  to  recommend  such 
legislation  as  he  thinks  will  promote  the  public  good.  It 
is  also  his  duty  to  see  that  all  the  laws  are  faithfully  and 
impartially  executed.      In  cases  of  actual  or  threatened 


THE  GOVERNOR.  11 

resistance  to  the  civil  authorities,  of  a  nature  too  formid- 
able for  them  to  cope  with,  it  would  be  his  duty  to  call 
out  the  militia  to  assist  them ;  or  perhaps  in  an  extreme 
case  to  take  the  preservation  of  public  order  wholly  into 
the  hands  of  the  military  power. 

In  him  is  vested  the  power  to  grant  pardons,  or  commu- 
tations after  conviction  and  sentence  of  a  criminal,  for  all 
offences  except  treason  and  cases  of  impeachment.  He 
must  annually  report  all  such  cases,  with  the  facts  and  his 
action,  to  the  Legislature. 

The  Governor  is  also  an  important  factor  in  all  legisla- 
tion, as  he  has  the  power  to  veto  all  acts  passed  by  the 
Legislature  which,  in  his  judgment,  do  not  tend  to  pro- 
mote the  public  good.  These  measures  may,  however,  be 
passed,  notwithstanding  his  objections,  if  two-thirds  of  all 
the  members  of  each  house  approve  of  them  and  reaffirm 
them  by  a  yea  and  nay  vote.  They  then  become  laws  the 
same  as  if  they  had  received  the  approval  of  the  Governor. 

The  Governor  has  ten  days,  Sundays  excepted,  in  which 
to  consider  all  bills  presented  him  for  his  signature.  If  a 
bill  is  not  returned  by  him  within  that  time  it  becomes  a 
law  the  same  as  if  he  had  approved  it,  unless  the  Legisla- 
ture, by  its  adjournment,  prevents  such  return.  Such 
bills  as  are  in  the  hands  of  the  Governor  at  the  adjourn- 
ment of  the  Legislature  fail  to  become  laws,  unless  he 
shall  approve  them  within  thirty  days  thereafter.  If  a 
bill  appropriates  money  for  different  objects,  he  may  ap- 
prove some  items  and  disapprove  others. 

By  law,  he  has  the  appointment  of  a  great  number  of 
subordinate  officers,  most  of  whom,  however,  are  subject 
to  confirmation  by  the  Senate.  Over  some  officers  he  has 
the  power  of  removal  or  of  suspension  from  their  duties 


12  GOVERNMENT    OF   NEW   YORK. 

for  misconduct  in  office.  Tlie  state  provides  a  furnished 
residence  for  its  Governor,  and  pays  him  an  annual  salary 
of  110,000. 

The  Lieutenant-Governor,  as  we  have  seen,  is  presid- 
ing officer  of  the  Senate  while  it  is  in  session,  but  has 
no  vote  in  that  body,  except  in  case  of  a  tie.  In  case  of  the 
death  or  disability  of  the  Governor,  he  acts  in  his  stead  to 
the  end  of  the  term,  assuming  all  the  powers  and  duties  of 
that  office  the  same  as  if  elected  by  the  people.  Should 
he  die  or  resign  or  become  in  any  way  inca]3acitated  to 
perform  the  duties  of  the  office,  then  the  President  of  the 
Senate  would  succeed  him  as  acting  Governor.  His  an- 
hual  salary  as  Lieutenant-Governor  is  $5,000. 

The  other  State  Officials  who  are  chosen  at  the  general 
election  in  November  are  the  Secretary  of  State,  Comp- 
troller, Treasurer,  Attorney-General  and  a  State  Engineer 
and  Surveyor.  These  hold  office  for  two  years  from  the 
first  day  of  January  next  following  their  election.  The 
most  of  these  officers  are  ex-officio,  with  the  Lieutenant- 
Governor,  members  of  various  State  Boards,  Trustees  of 
the  Capitol,  State  Hall,  and  Idiot  Asylum,  and  Commis- 
sioners of  the  Land  Office  and  Canal  Fund.  The  Lieuten- 
ant-Governor and  Secretary  of  State  are  also  Regents  of 
the  University. 

The  Secretary  of  State  is  keeper  of  all  the  records  of 
the  legislative  and  executive  departments ;  he  certifies  to 
the  signature  of  the  Governor,  receives  the  election  re- 
turns and  furnishes  certified  copies  to  county,  state  and 
United  States  officials.  Statistics  of  pauperism  and  crime 
and  other  information  it  may  require  are  reported  by  him 
to  the  Legislature. 


STATE   OFFICIALS.  13 

The  Comptroller  looks  after  the  financial  affairs  of  the 
state ;  he  receives  the  taxes,  negotiates  the  loans  that  are 
authorized,  examines  audits  and  settles  accounts  due  to  or 
from  the  state,  reports  to  the  Legislature  the  annual  re- 
ceipts and  expenditures,  and  draws  warrants  upon  the 
Treasurer,  who  takes  charge  of  the  funds  collected  by  the 
Comptroller,  and  who  pays  money  upon  his  warrant  only. 

The  Attorney-General  is  the  law  officer  of  the  state, 
giving  counsel  to  the  other  state  officials  and  to  the  Legis- 
lature when  it  is  called  for.  He  also  prosecutes  and  de- 
fends suits  to  which  the  state  is  a  party. 

Tlie  State  Engineer  and  Surveyor  must  be  a  practical 
engineer;  he  is  the  superintendent  of  all  the  engineering 
and  surveying  necessary  to  be  done  in  conjiection  with 
the  canals  and  the  lands  of  the  state. 

The  Superintendent  of  Public  Works  has  charge  of 
all  matters  relating  to  the  repair,  navigation,  construction 
and  improvement  of  the  canals  not  under  the  professional 
charge  of  the  State  Engineer.  He  is  appointed  by  the  Gov- 
ernor, with  the  consent  of  the  Senate,  and  he  may  suspend 
or  remove  him  if  he  thinks  public  interest  requires  it. 

The  Superintendent  of  State  Prisons  appoints  the 
agents,  wardens,  physicians  and  chaplains  of  the  prisons, 
and  he  supervises  their  general  management  and  control. 
He  is  appointed  by  the  Governor,  with  the  consent  of  the 
Senate,  and  may  be  removed  by  him  for  cause,  but  he 
must  give  the  Superintendent  a  copy  of  the  charges 
against  him,  and  give  him  a  hearing  in  his  own  defence. 


14  GOVERNMENT    OF   NEW    YORK. 

The  prisons  are  three  in  number  and  are  located  at  Sing 
Sing,  Dannemora  and  Auburn. 

The  Superintendent  of  Public  Instruction  holds 
office  for  three  years,  and  is  elected  by  the  Legislature  by 
joint  ballot ;  he  is  the  head  of  the  school  system  of  the 
state,  and  makes  an  annual  report  to  the  Legislature, 
giving  them  full  information  of  what  has  been  done  the 
preceding  year,  and  making  such  recommendations  as  he 
believes  will  increase  the  efficiency  of  the  public  school 
system.  The  general  management  of  all  Teachers'  Listi- 
tutes  is  under  his  supervision,  and  he  decrides  all  contro- 
verted points  of  school  law  that  are  brought  before  him. 
He  apportions  and  distributes  the  public  money,  and  under 
his  directian,  also,  examinations  of  teachers  are  held,  for 
the  purpose  of  granting  state  certificates.  He  establishes 
rules  and  regulations  concerning  district  school  libraries. 
He  makes  appointments  of  state  pupils  to  the  institutions 
for  the  instruction  of  the  deaf  and  dumb,  and  the  blind, 
and  visits  and  inquires  into  their  conduct  and  manage- 
ment. The  number  of  pupils  in  the  State  Normal  Schools 
to  which  each  county  is  entitled  is  apportioned  by  him. 
He  has,  besides,  the  general  supervision  of  these  schools. 
He  has  charge  of  the  Indian  Schools,  and  employs  local 
superintendents  for  them,  and  determines  their  course  of 
study.  He  is  ex-offieio  a  Regent  of  the  University,  and 
in  this  capacity  has  to  do  with  the  secondary  and  high 
schools  of  the  state.  He  has  a  deputy  and  several  clerks, 
and  his  salary  is  $5000  a  year. 

The  Regrents  of  the  University  of  the  State  of  New 
York.  —  This  body  was  incorporated  by  the  Legislature 


THE  REGENTS   OF   THE  UNIVERSITY.  15 

in  1784,  and  consists  of  twenty-three  members.  Tlie  Gov- 
ernor, Lieutenant-Governor,  Secretary  of  State,  and  Super- 
intendent of  Public  Instruction  are  members  of  the  Board 
of  Regents,  ex-officio  ;  the  remaining  nineteen  members  are 
chosen  by  the  Legishiture  in  the  same  manner  as  United 
States  Senators,  and  may  be  removed  by  a  concurrent 
resolution  of  the  Senate  and  Assembly.  The  officers  of 
the  Board  are  a  Chancellor,  a  Vice-Chancellor,  a  Secretary 
and  Treasurer,  and  an  Assistant  Secretary. 

It  is  not  within  the  province  of  the  University  of  the 
State  of  New  York  to  give  instruction,  but  it  has  to  do 
solely  with  inspection  and  supervision.  The  Regents  are 
authorized  by  law  to  incorporate  colleges  and  academies, 
and  to  receive  under  their  visitation  the  academical  de- 
partments of  union  schools ;  and  are  required  to  visit  and 
inspect  all  the  colleges  and  academies  in  the  state,  examine 
into  the  system  of  education  and  discipline  therein,  and 
make  an  annual  report  to  the  Legislature  of  their  condi- 
tion and  needs  and  the  work  done  by  them,  with  such 
suggestions  and  recommendations  as  they  may  deem  desir- 
able to  advance  the  interests  of  secondary  and  higher 
education.  The  institutions  under  their  charge  consist 
of  twenty-three  colleges  of  arts  and  sciences  for  men  or 
for  men  and  women,  four  colleges  of  arts  for  Avomen, 
eighteen  medical  colleges,  five  law  schools,  and  three  hun- 
dred academies,  academical  departments  of  union  schools, 
and  high  schools.  About  12,000  students  are  annually  in 
attendance  at  the  colleges  and  professional  schools  for 
higher  education,  and  more  than  40,000  at  the  secondary 
schools. 

A  charter  may  be  granted  for  a  literary  college  that 
has  secured  funds  to  the  amount  of  $100,000,  together 


16  GOVERNMENT   OF  NEW  YORK. 

with  suitable  grounds,  buildings,  and  other  necessary- 
equipments.  An  academy  may  be  chartered,  if  it  have 
grounds,  buildings,  library,  and  apparatus  worth  at  least 
$5000  provided  for  its  uses.  The  library  and  philosophi- 
cal apparatus  must  each  be  worth  not  less  than  $500. 

The  annual  distribution  of  the  following  funds  is  en- 
trusted to  their  charge:  the  Literature  Fund,  $100,000; 
the  fund  for  the  instruction  of  common  school  teachers, 
$30,000 ;  and  the  fund  for  the  purchase  of  books  and 
apparatus,  $6000.  As  a  basis  for  the  distribution  of  the 
Literature  Fund,  the  Regents  conduct  three  times  each 
year  in  the  three  hundred  academical  schools  under  their 
visitation  written  examinations  in  forty  branches  of  study, 
including  the  common  and  higher  English  branches,  the 
modern  languages,  and  the  classics,  examinations  in  the 
preliminary  branches  having  been  established  in  1865, 
and  in  the  higher  English  branches,  modern  languages 
and  classics  in  1878. 

The  Regents  are  also  Trustees  of  the  State  Library  and 
of  the  State  Museum. 

The  Superintendent  of  Insurance  is  appointed  by  the 
Governor,  with  the  consent  of  the  Senate,  for  a  term  of 
three  years,  and  he  must  give  bonds  for  the  faithful  dis- 
charge of  his  duties.  He  has  general  supervision  of  the 
insurance  companies  transacting  business  in  this  state, 
and  annually  reports  their  condition  to  the  Legislature. 
He  must  not  be  directly  or  indirectly  interested  in  any 
insurance  company,  except  as  a  policy  holder.  His  salary 
is  $7000  a  year.  All  the  expenses  of  this  department  are 
paid  out  of  fees  received  from  insurance  companies. 


THE   BOARD   OF   RAILEOAD   COMMISSIONERS.  17 

The  Superintendent  of  Banking-  is  vested  with  general 
supervision  of  banks,  trust  companies,  and  other  moneyed 
corporations  operated  under  the  hiws  of  the  state.  They 
report  to  him,  and  he  makes  two  reports  each  year  to  the 
Legislature.  He  holds  office  for  three  years,  by  appoint- 
ment of  the  Governor  with  the  consent  of  the  Senate. 
He  is  allowed  a  deputy,  examiner,  and  several  clerks,  and 
his  salary  is  tfoOOO  a  year. 

The  Board  of  Claims  was  constituted  in  1883.  It  con- 
sists of  three  members  appointed  by  the  Governor,  with 
the  consent  of  the  Senate,  who  hold  office  for  six  years 
and  receive  an  annual  salary  of  $5000,  besides  $500  each 
in  lieu  of  expenses.  This  Board  superseded  the  Canal 
Appraisers  and  the  State  Board  of  Audit,  and  were  given 
the  jurisdiction  in  all  cases  which  they  formerly  had.  It 
can  hear  and  determine  all  private  claims  against  the 
state,  not  barred  by  statute,  that  have  accrued  within 
two  years  prior  to  the  time  when  the  claim  was  filed,  and 
allow  what  is  justly  due  from  the  state.  The  Legislature 
may  also  authorize  it  to  hear  and  decide  other  claims. 

The  Board  meets  four  times  a  year  at  Albany,  with 
such  adjourned  meetings  there  or  elsewhere  as  they  may 
determine. 

The  Board  of  Railroad  Commissioners  was  created  by 
the  Legislature  in  1882.  The  term  of  office  is  five  years. 
Two  of  the  members  must  be  selected,  one  from  each  of 
the  chief  political  parties,  and  one  of  these  two  must  be 
experienced  in  railroad  business.  The  third  must  have 
the  recommendation  of  the  presidents  and  executive  com- 
mittees, or  a  majority  of  them,  of  the  Chamber  of  Com- 


18  GOVERNMENT   OF   NEW   YORK, 

merce,  the  Board  of  Trade  and  Transportation,  and  the 
National  Anti-Monopoly  League,  all  of  this  state.  They 
are  appointed  by  the  Governor,  with  the  consent  of  the 
Senate,  and  each  receives  an  annual  salary  of  $8000. 
Their  necessary  travelling  expenses  incurred  in  the  dis- 
charge of  their  official  duties  are  repaid  them  by  the  state, 
but  these  cannot  exceed  in  the  aggregate  fSOO  per  month. 

Their  chief  officers  are  a  Secretary  and  a  Marshal.  The 
Commissioners  have  a  right  of  entry  at  all  times  upon  the 
property  of  any  railroad  company,  but  they  and  their 
clerks  and  agents  are  forbidden  to  accept  any  gifts, 
passes,  or  other  gratuity  from  them,  under  penalty  of  for- 
feiture of  office  and  punishment  for  misdemeanor.  But 
in  the  discharge  of  their  duties  the  Board,  with  necessary 
agents  and  experts,  may  travel  over  any  railroads  of  the 
state,  upon  passes  signed  by  the  Secretary  of  State. 

The  Board  must  meet  at  least  once  in  a  month  at  its 
principal  office  at  Albany,  keeping  a  record  of  its  pro- 
ceedings, which  is  published  in  the  annual  report  to  the 
Legislature.  Two  members  constitute  a  quorum  for  the 
transaction  of  any  business.  It  is  the  duty  of  this  Board 
to  examine  into,  and  keep  themselves  informed  of,  the 
condition  of  all  railroads,  and  the  manner  in  which  they 
are  operated  with  reference  to  the  security  and  accommo- 
dation of  the  public,  and  their  compliance  with  the  pro- 
visions of  their  charters  and  the  laws  of  the  State.  It  is 
its  duty  to  investigate  the  causes  of  accidents  resulting  in 
loss  of  life  or  injury  to  persons. 

It  has  the  power  to  examine  all  books  and  papers  of 
railroad  corporations,  to  subpoena  witnesses  and  adminis- 
ter oaths  to  them ;  and  it  is  the  duty  of  the  officers  and 
agents  of  the  companies  to  afford  them  every  facility  for 


THE   CIVIL   SERVICE   COMMISSION.  19 

gaining  necessary  information,  under  penalty  of  punish- 
ment for  a  misdemeanor.  If  a  Commissioner  secretly 
reveals  anything  about  one  railroad  to  another,  he  will  be 
adjudged  guilty  of  a  misdemeanor. 

If  the  Board  find  that  a  railroad  is  operated  in  violation 
of  its  charter,  or  in  a  way  that  they  consider  to  be  hostile 
to  the  public  interest  or  convenience,  it  is  their  duty  to 
give  notice  to  the  company;  and  if  they  still  persist  in 
wrong  doing,  the  Board  presents  a  full  statement  of  the 
facts  to  the  Attorney-General,  who  will  take  such  action 
as  he  thinks  necessary  to  protect  the  public  interests. 

The  annual  expenses  of  the  Board  cannot  exceed 
$50,000,  and  this  sum  is  paid  out  of  the  State  Treasury. 
But  in  July  of  each  year  the  railroad  companies  are 
assessed  by  the  Comptroller  and  State  Assessors  their 
just  proportion  of  this  amount,  or  so  much  of  it  as  has 
been  expended,  according  to  law. 

Tlie  Civil  Service  Commission  was  organized  in  May, 
1883.  There  are  three  members  who  are  appointed. by 
the  Governor,  with  the  consent  of  the  Senate,  and  they 
may  be  removed,  and  their  successors  appointed  in  the 
same  way.  Only  two  of  them  can  be  adherents  of  the 
same  political  party.  During  the  time  they  are  meml)ers 
of  this  Commission  they  can  hold  no  other  office  under  the 
state.  The  salary  of  each  one  is  !$2000  a  year,  and  his 
necessary  travelling  expenses  in  the  discharge  of  his  duty 
are  paid. 

They  appoint  a  Chief  Examiner  at  a  salary  of  $3600  a 
year,  with  necessary  travelling  expenses  ;  a  Secretary,  who 
may  be  one  of  their  own  number,  with  a  salary  of  -$1000 


20  GOVERNMENT   OF  NEW  YORK. 

a  year ;  a  stenographer,  messenger,  and  such  other  assist- 
ants as  are  needed. 

It  is  the  duty  of  the  Commission  to  aid  the  Governor 
in  preparing  suitable  rules  for  carrying  the  act  which 
creates  it  into  effect.  These  rules  provide  for  open  com- 
petitive examinations  for  testing  the  fitness  of  candidates 
for  public  service.  The  examinations  must  be  practical, 
and  fairly  test  the  relative  capacity  and  qualifications  of 
the  applicants. 

All  positions  are  arranged  in  classes,  and  there  is  a 
period  of  probation  before  final  appointment.  On  the 
basis  of  merit  and  competition,  promotions  are  made  from 
lower  grades  to  higher.  Political  belongings  and  obliga- 
tions are  in  no  wise  to  be  considered,  either  in  making  the 
original  appointment,  or  upon  promotion.  Any  member 
of  the  Commission,  or  employe,  who  violates  any  of  its 
rules  and  regulations  is  guilty  of  a  misdemeanor  for  each 
ofTence.  Mayors  of  cities  are  required  to  make  rules  and 
regalations  in  accordance  with  this  act.  Only  elective 
officers,  laborers,  teachers  and  such  subordinates  of  an 
elected  officer  as  he  is  financially  responsible  for  are  ex- 
empt from  its  operation. 

All  examinations  are  public,  and  held  under  regulations 
that  are  published,  and  their  results  are  open  to  inspection. 
No  officer  or  employe  of  the  state,  under  penalty  of  being 
adjudged  guilty  of  a  misdemeanor,  can  directly  or  indi- 
rectly endeavor  to  induce  another  officer  or  employe  to 
pay  a  political  assessment.  Any  officer,"  or  any  person 
who  is  seeking  an  office,  is  deemed  guilty  of  bribery,  or  of 
an  attempt  at  bribery,  who  corruptly  uses,  or  promises  to 
use,  official  position  to  secure  another  an  appointment, 
promotion,  or  increase  of  salary.     It  is  adjudged  to  be  the 


THE  STATE  BOARD  OF  HEALTH.  21 

same  crime  if  votes  are  influenced,  or  any  attempt  is  made 
to  influence  tliem,  by  means  of  promises  of  employment, 
or  promotion,  or  by  threats  of  discharge. 

It  is  the  duty  of  the  Commission  to  inquire  into  the 
methods  of  appointment,  removal,  terms  of  service,  duties, 
compensation  and  numbers,  of  all  clerks,  employes  or 
subordinate  officers  of  the  state,  or  of  cities  or  counties 
having  a  population  above  50,000,  who  are  neither  ap- 
pointed by  the  Governor,  nor  by  a  mayor,  nor  elected  by 
the  people.  A  majority  constitutes  a  quorum  for  the 
transaction  of  business.  They  have  the  power  to  secure 
the  attendance  of  witnesses  and  the  production  of  books 
and  papers.  The  Commission  make  an  annual  report  of 
all  their  doings  to  the  Governor,  who  transmits  it  to  the 
Legislature. 

The  State  Board  of  Health  was  established  in  1880, 
and  it  is  composed  of  three  Commissioners  who  are  ap- 
pointed by  the  Governor,  with  the  consent  of  the  Senate, 
for  a  term  of  three  years.  Two  of  these  must  be  graduates 
of  legally  constituted  medical  colleges,  and  have  had  not 
less  than  seven  years'  practice  in  their  profession.  The 
Attorney-General,  the  Superintendent  of  the  State  Survey, 
and  the  Health  Oflicer  of  the  Port  of  New  York  are  ex- 
officio  members ;  and  there  are  besides  these,  three  other 
members,  named  by  the  Governor,  one  of  whom  must  be 
a  Commissioner  of  the  Board  of  Health  of  New  York  City, 
and  the  other  two  must  have  the  same  qualification  of 
membership  of  health  boards  of  other  cities. 

The  Commissioners  elect  a  Secretary,  who  may  be  one 
of  their  own  number  or  otherwise,  as  they  elect,  but  he 
must  be  skilled  in  sanitary  science,  and  he  is  the  executive 


22  GOVERNMENT   OF   NEW  YORK. 

officer  of  the  Board.  His  annual  salary  is  13000,  and  lie 
is  the  only  one  who  receives  any  compensation  for  his 
services ;  but  the  necessary  expenses  of  all  the  members, 
incurred  while  upon  official  duty,  are  paid  by  the  state. 

'The  Board  meets  once  in  three  months,  and  as  much 
oftener  as  they  deem  it  necessary.  Five  members  consti- 
tute a  quorum  for  the  transaction  of  business.  It  is  the 
duty  of  this  Board  to  inquire  into  the  causes  of  disease, 
especially  of  epidemics,  to  investigate  the  sources  of  mor- 
tality, and  the  effects  of  localities,  employments  and  other 
conditions  upon  the  public  health.  It  must  collect  and 
preserve  such  information  in  regard  to  health,  diseases 
and  deaths,  as  will  be  useful  in  the  discharge  of  its  duties, 
and  contribute  to  the  promotion  of  health,  or  the  security 
of  life  in  the  state. 

Copies  of  the  reports  of  local  health  boards  are  sent 
to  this  Board,  together  with  other  useful  sanitary  in- 
formation. 

It  has  supervision  of  the  registration  of  births,  mar- 
riages and  deaths,  and  of  prevalent  diseases.  The  Gov- 
ernor may  require  it  at  any  time  to  examine  into  nuisances 
affecting  the  security  of  life  and  health  in  any  locality. 
If  it  finds  that  such  nuisance  exists,  the  Governor  may 
order  it  abated,  and  it  is  made  the  duty  of  the  county 
officers  to  execute  his  orders. 

Any  local  board  of  health  may  have  a  representative 
present,  who  can  take  part  in  the  deliberations  of  the 
State  Board  when  they  have  under  investigation  an  alleged 
nuisance  in  that  locality.  It  may  employ  experts  in  san- 
itary science  to  examine  buildings  and  places  ;  but  the 
whole  sum  paid  out  in  one  year  for  this  purpose  must  not 
exceed   15000.      The   total   expenditures   are   limited   to 


THE   COMMISSIONERS   OF   QUARANTINE.  23 

$15,000  a  year ;  and  an  itemized  account  of  the  way  it  is 
expended  must  appear  in  the  annual  report. 

The  Commissioners  of  Quarantine  are  appointed  by 
the  Governor,  with  the  consent  of  the  Senate.  The  term 
is  for  thi'ee  years,  or  until  their  successors  are  appointed. 
There  are  three  Commissioners,  and  each  has  an  annual 
salary  of  ii2o00.  They  must  be  citizens  of  the  state,  and 
residents  of  New  York  City. 

The  Quarantine  establishment  consists  of  warehouses, 
wet  docks  and  wharves,  anchorage  for  vessels,  a  floating 
hospital,  a  boarding-station,  a  burying-ground,  and  resi- 
dences for  officers  and  men. 

The  object  of  quarantine  is  to  prevent  the  introduction 
of  any  contagious,  infectious,  or  pestilential  disease.  It 
applies  to  yellow  fever,  cholera,  typhus  or  ship  fever,  and 
small-pox.  The  general  superintendence  and  control  of 
the  quarantine  establishment,  and  the  care  and  treatment 
of  the  sick,  is  vested  in  the  Health  Officer  of  the  Port  of 
New  York,  who  is  appointed  by  the  Governor,  with  the 
consent  of  the  Senate,  and  holds  his  office  for  two  years, 
or  until  his  successor  is  appointed.  He  must  be  a  doctor 
of  medicine  of  good  standing,  and  of  at  least  ten  years' 
experience  in  the  practice  of  his  profession.  He  must 
also  be  practically  familiar  with  the  diseases  subject  to 
quarantine. 

He  has  the  appointment  of  his  deputies,  assistants, 
nurses,  and  all  other  subordinates,  and  he  can  summon 
the  assistance  of  the  police  force  of  New  York  City  in 
any  necessary  emergency. 

All  vessels,  persons,  and  merchandise  coming  from  ports 
subject  to  quarantine  are  under  the  rules  and  orders  of 


24  GOVEENMENT   OF   NEW   YORK. 

the  Commissioners  and  Health  Officer.  Fees  are  collected 
from  masters  of  vessels,  owners  of  merchandise,  and  per- 
sons to  whom  services  are  rendered.  The  state  usually 
makes  a  considerable  annual  appropriation  beside,  for  the 
care  and  maintenance  of  its  property. 

The  Health  Officer  makes  an  annual  report  to  the  Com- 
missioners, which  they  include  in  their  annual  report  to 
the  Legislature. 

The  Bureau  of  Labor  Statistics  was  established  in 
1883.  A  Commissioner  is  at  the  head  of  the  Bureau, 
who  is  appointed  by  the  .  Governor  for  a  term  of  three 
years  by  the  consent  of  the  Senate.  He  receives  a  salary 
of  $2500  a  year,  and  he  may  appoint  a  clerk.  An  allow- 
ance is  also  made  for  other  expenses  of  the  office. 

He  has  power  to  send  for  persons  and  papers  and  to 
examine  witnesses  under  oath,  or  to  take  depositions. 
Employers  of  labor,  in  whatever  capacity,  are  obliged 
under  penalty,  to  furnish  him  such  statistics  and  infor- 
mation within  their  possession  as  he  may  require. 

It  is  his  duty  to  collect,  assort,  and  present  to  the  Leg- 
islature, in  an  annual  report,  statistical  details  relating  to 
all  departments  of  labor  in  the  state,  especially  those 
relating  to  the  commercial,  industrial,  social,  and  sanitary 
condition  of  workingmen,  and  to  the  productive  industries 
of  the  state. 

The  office  of  State  Dairy  Commissioner  was  created 
by  the  laws  of  1884.  The  Commissioner  is  appointed  by 
the  Governor,  and  he  may  remove  him  at  his  pleasure. 
The  term  of  office  is  two  yeurs,  and  the  salary  is  5^3000  a 


THE   AGRICULTURAL   EXPERIMENT    STATION.  25 

year  and  the  necessary  expenses  incurred  in  the  discharge 
of  official  duties. 

He  appoints  such  assistant  Commissioners  and  employs 
such  experts,  chemists,  agents,  and  counsel  as  he  thinks 
necessary  for  the  proper  enforcement  of  the  law.  But 
the  aggregate  expenses  of  this  department  cannot  exceed 
130,000  a  year. 

He  makes  an  annual  report  to  the  Legislature  of  all 
proceedings  and  disbursements.  It  is  the  duty  of  the 
Commissioner  to  prevent  the  sale  of  any  impure,  unwhole- 
some, or  adulterated  milk,  or  any  article  of  food  manu- 
factured from  the  same.  To  accomplish  this,  he  has  full 
power  of  access  to  all  places  of  business,  carriages,  ves- 
sels, and  cans  used  in  the  manufacture  and  sale  of  .dairy 
products,  or  any  imitation  of  them. 

The  Agricultural  Experiment  Station  was  established 
by  an  act  passed  in  1880  ;  its  object  is  to  promote  agricul- 
ture in  its  various  branches,  by  scientific  investigation  and 
experiment.  A  Board  of  Control  of  nine  members,  hold- 
ing office  for  three  years  each,  have  the  management  of 
this  institution.  The  Governor  is  ex  officio  a  member. 
Six  members  are  a  quorum  for  the  transaction  of  business. 
All  serve  without  pay ;  but  the  Board  may,  by  vote,  pay 
the  expenses  of  members  which  they  incur  in  attendance 
upon  its  meetings. 

They  annually  elect  a  president  from  their  own  number, 
but  their  secretary  and  treasurer  hold  office  during  their 
pleasure.  The  treasurer  has  to  give  bonds  for  the  faithful 
discharge  of  his  duties.  They  acquire  and  hold  property 
in  the  name  of  the  state  necessary  to  accomplish  the 
objects  of  the  institution. 


26  GOVERNMENT   OF   NEW   YORK. 

The  station  is  located  at  Geneva,  and  it  is  under  the 
oversight  and  management  of  a  director,  who  employs 
suitable  and  competent  chemists  and  other  persons  neces- 
sary to  carry  on  the  work  of  the  station  and  accomplish 
the  objects  for  which  it  was  instituted. 

The  Board  makes  an  annual  report  to  the  Legislature  of 
its  proceedings,  receipts,  and  expenditures.  The  annual 
outlay  of  the  state  on  behalf  of  the  station  is  limited  to 
$20,000. 


A  Commission  of  Fisheries  was  established  in  1868. 
It  is  composed  of  five  members  appointed  by  the  Governor 
for  a  term  of  five  years.  They  serve  without  pay,  and 
expend  such  sums  in  prosecuting  their  work  as  are  appro- 
priated from  time  to  time  by  the  Legislature.  It  is  their 
duty  to  devise  and  enforce  measures  for  protecting  and 
propagating  fish  in  all  the  waters  in  and  adjacent  to  the 
state.  Fish-hatcheries,  each  under  charge  of  a  Superin- 
tendent, have  been  established  at  five  different  places, 
and  fish-ways  have  been  constrncted  in  many  rivers,  so 
that  fish  can  migrate  to  the  waters  above  the  dams. 

The  Commissioners  appoint  fifteen  fish  and  game  pro- 
tectors, who  have  to  give  bonds  for  the  faithful  discharge 
of  their  duties.  They  must  see  to  the  enforcement  of  the 
laws  for  the  protection  and  propagation  of  fish  and  game. 
Penalties  are  imposed  for  the  taking  of  fish  near  fish-ways, 
and  at  certain  seasons,  or  by  means  of  seines  or  nets,  and 
for  the  pollution  of  the  waters  of  the  state.  One  of  the 
Commissioners  must  be  a  resident  of  Long  Island,  and  is 
known  as  the  Shell-Fish  Commissioner. 

The  Forest  Commission  was  established  in  1885.  There 
are  three  members  who  are  appointed  by  the  Governor, 


THE   STATE  BOAKD   OF   CHARITIES.  27 

with  the  consent  of  the  Senate,  the  term  being  for  six 
years.  They  serve  without  pay,  but  their  expenses  in- 
curred in  the  discharge  of  their  official  duties  are  repaid 
them. 

The  Commissioners  have  charge  of  the  forest  preserve, 
wliich  consists  of  all  the  wild  forest  lands  owned  by  the 
state.  They  make  rules  for  its  preservation  and  to  guard 
against  its  injury  from  fires  and  through  trespassers.  They 
employ  a  forest  warden,  forest  inspectors  and  such  agents 
as  are  necessary.  These  officers  may  arrest,  without  war- 
rant, any  person  found  upon  the  forest  preserve  violating 
any  of  the  laws  for  its  regulation  and  preservation. 

It  is  the  duty  of  the  Commission  to  bring  actions,  when 
necessary,  to  recover  damages  for  trespass  or  injury  to 
the  preserve,  and  to  recover  possession  of  land  wrongfully 
held  or  occupied  by  persons  not  entitled  to  them.  They 
make  an  annual  report  to  the  Legislature,  and  besides 
give  much  information  concerning  forest  fires,  death  of 
trees  through  insect  ravages,  and  the  influence  of  forests 
on  climate,  health,  rainfall  and  water-supply. 

The  income  from  the  forest  preserve  is  paid  into  the 
State  Treasury.  The  expenses  of  the  Commission  are 
limited  to  -^15,000. 

The  State  Board  of  Charities  was  organized  in  1867, 
and  consists  of  ten  members  by  appointment,  and  four  — 
the  Lieutenant-Governor,  the  Secretary  of  State,  the  Comp- 
troller, and  the  Attorney-General,  — members  ex-officio. 
The  Commissioners  receive  no  salary,  but  are  reimbursed 
for  their  necessary  expenses. 

They  inspect,  as  often  as  they  think  proper,  all  charita- 
ble  and   correctional  institutions,  excepting  prisons,  in- 


28  GOVERNMENT   OF  NEW   YOEK. 

quiring  into  the  care  and  management  of  the  inmates, 
and  the  condition  of  the  buildings  and  grounds.  Their 
power  extends  to  all  institutions,  whether  public  or  pri- 
vate, for  the  detention  and  treatment  of  persons  of  unsound 
mind. 

The  Commissioners  are  allowed  a  Secretary  and  neces- 
sary clerks,  and  they  make  an  annual  report  to  the  Legis- 
lature. 

The    office    of    State    Commissioner    in    Lunacy    was 

created  by  the  Legislature  in  1873.  It  is  the  duty  of  the 
Commissioner  to  examine  into  and  report  upon  the  con- 
dition of  the  insane  and  idiotic,  and  the  management 
and  conduct  of  the  institutions  and  asylums  for  their  cus- 
tody ;  he  has  the  power  to  investigate  wrongs  and  abuses 
and  to  require  them  to  be  remedied.  There  are  eight 
state  asylums,  beside  the  county  asylums  and  private 
institutions ;  the  object  of  the  state  is  to  secure  from  a 
competent  and  experienced  phj^sician  an  independent  re- 
port of  their  condition  and  the  treatment  of  the  inmates, 
who  number  about  15,000.  The  salary  of  the  Commis- 
sioner is  ^4000. 

The  Courts  of  the  state  are  of  four  different  grades  : 
the  Court  of  Appeals,  consisting  of  six  judges  and  a  Chief 
Judge  ;  the  Supreme  Court,  with  fifty-eight  judges  ;  the 
County  Court,  with  one  judge  for  each  county ;  and  Jus- 
tices of  the  Peace.  All  the  judiciary  offices  are  elective  ; 
the  Justices  of  the  Peace  for  a  term  of  four  years,  the 
County  Judges  for  six  years,  and  the  Justices  of  the 
Supreme  Court  and  Court  of  Appeals  for  fourteen  years, 
except  that  it  is  j)rovided  that  no  judge  of  the  two  higher 


THE   COUNTY  COUET.  29 

courts  can  hold  the  position  longer  than  till  the  last  day 
of  December  after  he  shall  have  reached  the  age  of  seventy, 
even  if  the  term  for  which  he  was  elected  had  not  expired. 

A  Justice's  Court  may  be  held  in  any  town  by  one 
of  its  Justices  of  the  Peace.  This  court  has  jurisdiction 
in  civil  cases  where  the  sum  at  stake  is  not  above  $200. 
Petty  criminal  cases  may  also  be  tried  here,  and  the  penalty 
awarded.  I'ersons  suspected  of  crimes  the  gravity  of  which 
is  beyond  the  jurisdiction  of  this  court  may  yet  be  arrested 
upon  its  warrant,  and  either  released  on  bail  or  committed 
to  await  the  action  of  a  higher  court. 

The  County  Court  is  next  above  in  jurisdiction,  and 
may  be  presided  over  by  the  County  Judge,  or  by  him  in 
connection  with  two  Justices  of  the  Peace.  In  the  latter 
case  it  is  called  the  Court  of  Sessions,  and  sits  for  the  trial 
of  all  criminal  cases,  except  the  gravest,  upon  indictment 
found  by  a  Grand  Jury.  Its  jurisdiction  in  such  cases  is 
original ;  that  is,  a  lower  court  is  not  competent  to  try 
them. 

A  civil  suit  in  the  County  Court  may  either  be  begun 
there,  or  it  may  have  been  appealed  from  a  lower  court. 
The  County  Judge  alone  constitutes  the  court.  A  Petit 
Jury  renders  decisions  in  cases  tried  before  both  courts. 

The  County  Judge  is  also  Surrogate  in  many  counties ; 
the  duties  of  this  office  pertain  to  the  proof  of  wills  and 
the  proper  distribution  of  the  property  of  deceased  persons. 
In  about  half  of  the  counties,  however,  a  person  is  elected 
to  hold  this  office  for  the  same  period  as  the  County  Judge ; 
those  having  a  population  of  more  than  40,000  elect  a 
Surrogate,  whose  official  duties  belong  to  that  office  alone. 


30  GOVERNMENT   OF   NEW   YORK. 

The  Supreme  Court  is  the  next  higher,  and  it  is  divided 
into  several  branches,  the  effect  being  the  same  as  if  there 
were  several  different  courts.  It  holds  sessions  in  different 
parts  of  the  state,  which  has  been  divided  into  districts 
eight  in  number  for  that  purpose. 

The  Justices  of  the  Supreme  Court  preside  and  try- 
causes  in  the  Circuit  Court,  Court  of  Oyer  and  Terminer, 
and  Special  and  General  Term.  The  Court  of  Oyer  and 
Terminer  is  for  the  trial  of  the  gravest  criminal  cases. 
A  Special  Term  is  for  the  purpose  of  hearing  motions  and 
appeals,  and  a  General  Term  for  the  hearing  of  appeals 
only.  A  judge  who  has  sat  at  the  trial  of  a  case  cannot 
sit  in  Special  or  General  Term  to  hear  it  on  appeal.  The 
state  is  divided  into  five  departments^  for  hearing  appeals 
at  a  General  Term,  which  consists  of  three  judges  sitting 
together. 

The  judicial  districts  are  subject  to  change  of  bound- 
aries after  each  decennial  enumeration.  Five  of  the  Jus- 
tices of  the  Supreme  Court  must  reside  in  the  district  in 
which  is  the  city  of  New  York,  five  in  the  second  district, 
and  four  in  each  of  the  other  districts.  Any  justice  of 
this  court  may  hold  Special  Terms  and  Circuit  Courts,  and 
preside  in  Courts  of  Oyer  and  Terminer  in  any  county. 

The  Court  of  Appeals  is  the  highest  court  in  the  state. 
As  its  name  implies,  it  has  no  original  jurisdiction,  but  can 
only  decide  in  cases  of  persons  dissatisfied  with  decisions 
of  lower  courts  ;  for  such  it  is  the  court  of  final  resort. 

A  case  may  be  appealed  from  a  Justice's  Court  to  a 
County  Court,  thence  to  the  Supreme  Court,  to  Special 
Term,  and  to  General  Term ;  but  a  case  originating  below 

1  For  Tables  of  Districts  and  Departments,  see  pages  97,  98. 


THE   COUET   OF   APPEALS.  31 

the  County  Court  cannot  be  taken  to  the  Court  of  Appeals. 
At  each  stage  of  the  appeal  it  is  competent  for  the  higher 
court  to  reaffirm  or  to  reverse  the  decision  of  the  lower 
court,  or  to  grant  a  new  trial.  Any  five  members  of  the 
Court  of  Appeals  constitute  a  quorum,  and  the  concur- 
rence of  four  is  necessary  to  a  decision. 

No  Justice  of  the  Supreme  Court  or  member  of  the  Court 
of  Appeals  can  hold  any  other  office  or  public  trust.  A 
vacancy  in  either  court  must  be  filled  at  the  next  general 
election,  and  the  person  so  elected  will  hold  office  for  a 
full  term.  But  until  this  election  is  held,  either  the 
Governor  alone,  or  with  the  consent  of  the  Senate  if  it  is 
in  session,  fills  the  vacancy  by  appointment,  and  the  one 
so  appointed  acts  as  judge  until  the  last  day  of  December 
following  the  election. 

Judges  of  the  two  higher  courts  may  be  removed  by  a 
concurrent  vote  of  two-thirds  of  all  the  members  elected 
to  both  houses  of  the  Legislature.  Other  judicial  officers, 
except  Justices  of  the  Peace  and  other  judges  of  courts  that 
are  not  of  record,  may  be  removed  by  a,  vote  of  two-thirds 
of  the  Senate  upon  the  recommendation  of  the  Governor. 
The  reasons  for  removal  must  be  entered  upon  the  jour- 
nals, and  the  accused  must  have  a  copy  of  the  charges,  and 
an  opportunity  to  be  heard  in  his  own  defence. 

All  judicial  officers,  except  Justices  of  the  Peace,  who 
are  paid  by  fees  that  are  regulated  by  law,  receive  salaries 
fixed  by  the  Legislature,  which  cannot  be  diminished  dur- 
ing their  term  of  office,  and  they  are  prohibited  from 
receiving  any  fee  or  other  perquisite  of  office.  These 
salaries  vary  from  81,000  to  810,000  per  annum.  The  sal- 
aries of  all  judges,  except  those  of  the  two  higher  courts, 
and  all  the  other  expenses  of  holding  these  courts,  are  paid 


32  GOVERNMENT   OF  NEW  YORK. 

by  the  cities  and  counties  in  and  for  which  such  courts 
are  held  or  instituted. 

The  Constitution  also  provides  for  a  Superior  Court  and 
a  Court  of  Common  Pleas  (formerly  called  the  Mayor's 
Court)  with  the  same  number  of  judges,  for  the  city  and 
county  of  New  York  ;  and  for  superior  courts  in  the  cities 
of  Brooklyn  and  Buffalo.  Other  local  courts  may  also  be 
established  by  the  Legislature  on  application  of  the  Board 
of  Supervisors  of  a  county.  The  city  of  New  York  is  also 
divided  into  judicial  districts  in  which  two  justices  are 
elected,  one  for  the  trial  of  civil  cases  involving  small 
sums,  and  the  other  for  petty  criminal  cases.  Courts  of 
similar  powers  and  jurisdiction  are  also  established  for  the 
other  cities  of  the  state. 

Jurors  are  drawn  from  the  body  of  citizens  between  the 
.ages  of  twenty-one  and  sixty.  Where  there  is  not  a  com- 
missioner of  jurors,  as  there  is  in  some  cities,  the  super- 
visor, assessors,  and  town  clerk  make  up  the  list.  Some 
citizens  are  exempt  on  account  of  physical  or  mental  in- 
firmities, or  because  their  temporary  withdrawal  from  their 
customary  vocations  might  work  injury  or  hardship  to 
numbers  of  people.  Of  this  class  are  physicians,  teachers, 
locomotive  engineers,  clergymen,  firemen,  policemen,  and 
some  others.  Members  of  the  National  Guard  and  some 
others  are  also  exempt,  on  account  of  services  rendered 
the  state  in  other  ways.  If  all  persons  liable  to  this  duty 
are  summoned  impartially,  a  term  of  service  for  any  one 
will  be  short  and  infrequent.  , 

Judicial  Proceedings.  —  In  all  cases  before  a  court 
there  are  two  parties,  called  the  plaintiff  and  the  defendant. 


JUDICIAL  PROCEEDINGS.  33 

The  former  is  the  prosecutor  and  the  latter  defends  him- 
self. In  ci-\dl  cases  the  plaintiff  is  usually  a  private  person, 
while  in  criminal  trials  the  state  stands  in  that  relation, 
the  assumption  being  that  the  whole  body  of  the  people  is 
injured  by  the  crime. 

An  action  is  brought  in  a  Civil  Court  to  compel  restora- 
tion of  property,  or  to  secure  compensation  for  the  infringe- 
ment of  one's  rights.  Suits  may  be  brought  to  enforce 
payment  of  a  debt  or  to  recover  damages  to  person  or 
property.  A  criminal  action  is  brought  to  punish  a  per- 
son for  violating  a  law,  and  a  conviction  results  in  the 
defendant  being  obliged  to  pay  a  fine  to  the  government, 
or  to  suffer  imprisonment,  or  both  perhaps. 

All  proceecUugs  in  Courts  of  Record  are  by  means  of 
written  documents  in  order  that  they  may  be  preserved. 
The  plaintiff  in  a  civil  case  procures  the  first  paper  from 
the  judge,  which  is  called  a  summons,  and  this  is  served 
upon  the  defendant  by  a  constable  or  other  officer  of  the 
court,  or  upon  his  attorney,  who  may  accept  service  for 
him.  This  officer  then  reports  in  writing  to  the  court 
what  he  has  done.  If  the  defendant  thinks  he  has  a  good 
defence  to  the  action  he  will  appear  at  the  appointed  time, 
and  there  will  be  a  trial.  If  he  does  not  apjjear  in  due 
time,  judgment  may  be  taken,  and  execution  issue  against 
his  property  at  once. 

The  court  will  compel  the  attendance  of  witnesses  for 
cither  party  to  the  suit,  if  necessary,  by  the  issue  of  sub- 
poenas, which  will  be  served  upon  the  witnesses  by  an 
officer  of  the  court.  Subpoena  is  literally  "under  penalty" 
of  the  law. 

Trials  may  be  before  a  jury  of  six  men  in  a  justice's 
court,  or  of  twelve  in  a  higher  court,  or  they  may  be  before 


34  GOVERNMENT   OF   NEW   YORK. 

the  court  alone  unless  either  party  to  the  suit  claims  his 
right  to  a  jury  trial. 

The  plaintiff  files  his  formal  complaint,  and  the  defend- 
ant his  answer  to  the'  same,  which  constitutes  his  ground 
of  defence,  and  these  papers  are  called  the  pleadings. 
When  the  two  parties  substantially  agree  in  the  statement 
of  the  facts  the  court  decides  the  case  without  the  formal- 
ity of  a  trial.  If  they  do  not  agree,  then  there  is  an  issue 
made,  and  a  trial  must  be  had.  The  attorney  for  the 
plaintiff  usually  begins  with  a  brief  statement  of  his  case 
and  what  he  means  to  prove  by  his  witnesses.  He  then 
calls  them,  and  they  are  sworn  and  examined ;  each  may 
be  cross-examined  by  the  defendant's  counsel.  The  defend- 
ant then  briefly  states  his  case  if  he  chooses,  and  calls  his 
witnesses,  who  are  sworn  and  examined,  and  in  turn  cross- 
examined  by  the  plaintiff's  counsel.  In  closing  the  case, 
the  argument  of  the  defence  is  heard  first,  then  that  of  the 
plaintiff.  If  the  proceedings  are  before  a  jury  tlie  judge 
then  gives  them  a  summary  of  the  eyidence,  and  the  points 
for  their  decision,  and  instructions  as  to  their  duty.  An 
officer  of  the  court  then  takes  the  jury  to  a  private  room 
where  they  deliberate.  They  must  be  unanimous  in  agree- 
ment upon  their  verdict;  if  they  cannot  agree  after  due 
consideration  of  the  facts,  they  are  discharged  from  this 
case,  and  another  trial  may  be  had. 

When  the  jury  agree,  judgment  is  entered  according  to 
their  verdict,  and  the  unsuccessful  party  has  to  pay  the 
costs  of  the  action,  it  being  considered  equitable  that  the 
party  in  the  wrong  should  pay  the  legal  expenses  attend- 
ing the  suit. 

The  defeated  party  may,  if  he  will,  appeal  to  a  higher 
courts  which  will  examine  all  the  proceedings  of  the  lower 


CRIMINAL   PROCEEDINGS.  35 

one  to  see  if  any  error  was  committed.  If  there  was  an 
error,  the  judgment  is  reversed,  and  a  new  trial  is  granted; 
bat  if  there  was  no  error,  the  judgment  is  reaffirmed.  If 
there  is  no  higher  court  to  which  he  can  appeal,  or  if  there 
is,  and  he  does  not  choose  to  take  an  appeal  to  it,  and 
if,  at  the  same  time,  he  does  not  satisfy  the  judgment  of 
the  lower  court,  a  writ  called  an  execntio7i  ma}^  be  issued 
against  his  property,  which  may  be  seized  by  the  sheriff, 
and  enough  of  it  sold  to  pay  the  judgment.  Execution 
against  the  person  can  no  longer  be  had  for  the  collection 
of  debts. 

In  Criniinal  Proceeding's  no  person  can  be  held  to 
answer  for  a  capital  or  otherwise  infamous  crime  or  for 
other  than  petty  offences,  who  has  not  first  been  indicted 
by  a  Crrand  Jury.  This  body,  usually  twenty-three  in 
number,  is  composed  of  citizens  of  a  county  who  are  sum- 
moned several  times  a  year  to  inquire  into  crimes  that 
have  been  committed  in  that  jurisdiction.  These  men  are 
instructed  by  the  court  as  to  their  duties,  and  are  sworn 
to  inquire,  diligently  and  without  fear  or  favor,  into  all 
cases  that  are  brought  before  them.  The  District  Attorney 
prepares  formal  accusations  against  such  persons  as  he 
thinks  guilty  of  crime,  or  who  have  been  held  to  bail  by 
a  lower  court  to  answer  in  a  higher  one.  Witnesses  in 
support  of  the  accusation  appear,  and  are  examined.  If 
the  Grand  Jury,  upon  the  evidence  thus  produced,  or  a 
majority  of  the  whole  body,  think  there  is  probable  cause 
to  believe  the  accused  guilty,  a  "  true  bill "  is  found. 
This  is  an  indictment.,  and  serves  as  the  basis  of  the  action 
in  the  court.  All  the  proceedings  in  the  Grand  Jury  room 
are  kept  secret. 


36  GOVERNMENT   OF  NEW   YORK. 

If  the  accused  has  not  before  been  arrested,  a  warrant 
may  then  be  issued,  and  he  may  be  pLaced  in  jail  to  await 
trial  if  the  case  is  not  bailable,  or  if  it  is,  and  he  is  unable 
to  produce  the  required  sureties  for  his  appearance  when 
wanted.  Bailing  an  accused  person  consists  in  giving 
bonds  to  forfeit  to  the  state  a  certain  sum  in  case  the 
bondsmen  are  not  able  to  have  him  appear  at  the  appointed 
time.  A  prisoner  who  cannot  get  bail,  and  who  thinks  he 
is  unlawfully  held,  may  apply  to  a  higher  court  for  a  writ 
of  habeas  corpus.  If  the  writ  is  granted,  the  sheriff,  or 
whoever  has  the  person  in  custody,  brings  him  before  that 
court.  If  his  arrest  and  detention  apjjear  to  be  lawful,  he 
is  returned  to  jail ;  if  not,  he  is  released. 

-Upon  trial  he  is  furnished  with  counsel  by  the  state,  if 
unable  to  procure  any  for  himself.  He  is  then  arraigned 
by  being  called  upon  to  plead  to  the  indictment.  His 
answer  is  "guilty"  or  "not  guilty,"  and  this  is  his  "plea." 
He  has  a  right  to  a  trial  by  a  jury,  who  are  sworn  to  well 
and  truly  try  the  issue  between  the  people  of  the  state  and 
the  defendant,  and  to  render  a  verdict  according  to  the 
law  and  the  evidence.  Both  the  counsel  for  the  state  and 
for  the  accused  have  a  right  to  challenge  any  of  the  men 
summoned  as  jurors,  on  the  ground  of  prejudice,  character 
or  competency.  A  certain  number  of  peremptory  chal- 
lenges are  also  allowed.  These  are  challenges  for  which 
no  reason  need  be  given. 

A  satisfactory  jury  being  obtained,  the  district  attorney 
states  what  he  will  prove  on  the  part  of  the  state,  and  calls 
his  witnesses,  who  are  sworn  and  examined;  the  accused 
has  the  privilege  of  cross-examining  them.  The  counsel 
for  the  accused  then  states  his  case,  calls  and  examines 
witnesses,  who  are  cross-examined  by  the  opposing  counsel. 


STRUCK  JURY.  37 

Arguments  are  then  made  by  both  sides,  and  the  judge 
delivers  his  charge  to  the  jury,  giving  them  their  instruc- 
tions and  the  principles  that  should  govern  them  in  making 
up  their  verdict. 

If  the  jury  agree,  the  foreman  announces  the  verdict, 
which  is'  either  "guilty,"  or  "not  guilty."  If  they  cannot 
agree,  they  are  discharged  from  the  case,  and  another  trial 
must  be  had.  If  the  accused  is  declared  "  not  guilty,"  he 
is  discharged ;  but  if  "  guilty,"  the  court  sentences  him  as 
the  law  requires.  He  is  committed  to  the  custody  of  the 
sheriff  if  the  sentence  is  imprisonment,  or  if  it  be  a  fine, 
the  necessary  steps  are  at  once  taken  to  secure  payment. 

Exceptions  are  sometimes  taken  by  the  counsel  to  the 
admission  of  evidence ;  but  if  it  has  been  admitted  not- 
withstanding, and  if  the  judge  allows  the  exceptions,  they 
may  be  taken  to  a  higher  court,  where  arguments  upon 
them  are  heard  from  both  sides.  If  the  rulino-  of  the 
judge  is  sustained,  the  case  is  returned  to  the  court  where 
it  was  tried,  for  sentence  which  has  been  suspended  pend- 
ing this  appeal.  If  the  ruling  is  not  sustained,  a  new 
trial  is  granted  to  the  prisoner. 

A  Struck  Jury  may  be  ordered  by  the  Supreme  Court 
and  the  Superior  Court  of  cities  when  it  is  thought  that 
an  impartial  trial  cannot  otherwise  be  had,  or  when  the 
case  is  of  such  a  complicated  nature  as  to  require  persons 
having  special  knowledge  or  more  than  average  intelli- 
gence. 

The  Clerk  of  the  Court  selects  from  the  jury  list  the 
names  of  forty-eight  persons  whom  he  thinks  most  likely 
to  be  unbiassed,  and  mentally  best  equipped  to  hear  the 


38  GOVERNMENT   OF   NEW  YORK. 

case.  From  this  list  tlie  parties  to  the  case  may  each 
alternately  strike  one  until  but  twenty-four  remain.  Out 
of  the  remaining  number  a  jury  is  selected  in  the  usual 
manner. 

There  may  be  trials  of  public  officers  by  impeacJiment. 
The  Assembly  has  the  power  to  impeach  by  a  vote  of  a 
majority  of  all  its  members.  They  may  bring  to  trial, 
before  the  majority  of  the  Senate  and  of  the  Court  of 
Appeals,  any  state  officer  not  otherwise  removable  by  law. 
An  officer  thus  accused  cannot  exercise  the  functions  of 
his  office  until  he  has  been  acquitted.  No  one  can  be 
convicted  without  a  vote  of  two-thirds  of  all  the  members 
present.  Removal  from  office  and  disqualification  to  hold 
any  office  of  honor,  profit  or  trust  under  the  state,  are 
the  penalties  of  conviction  by  impeachment.  The  person 
may,  however,  be  also  indicted  and  punished  in  the  courts 
according  to  law. 

A  State  is  one  of  the  equal  political  units  of  this 
country,  possessed  of  the  powers  not  delegated  by  it  to 
the  Union  of  States,  and  which  they  do  not  prohibit  it 
to  exercise.  It  is  a  free  commonwealth,  independent  and 
sovereign  Avithin  its  own  boundaries  for  all  purposes  of 
local  government. 

Counties  are  subdivisions  of  a  state  for  convenience  of 
local  government.  They  are  endowed  with  rights  con- 
ferred by  the  state,  and  they  have  duties  to  perform 
which  it  imposes.  A  legislature  may  create  ncAv  counties 
or  change  the  boundaries  of  those  already  existing. 

The  County.  —  Among  the  most  recognizable  differ- 
ences in  ways  and  means  of  local  government,  the  rela- 


COUNTY  OFFICIALS.  39 

tions  of  the  county  to  the  general  system  is  one  of  the 
most .  marked.  In  the  south,  and  to  some  extent  in  the 
west,  counties  are  important  political  units,  and  generally 
in  the  Middle  States  they  are  vested  with  greater  poweis 
and  exercise  higher  functions  as  political  divisions  than 
do  the  towns.  In  New  England,  on  the  contrary,  the 
town  is  the  important  political  unit,  and  the  town  meet- 
ing a  powerful  legislative  body,  controlling  local  affairs 
that  are,  in  this  state,  in  the  hands  of  a  representative 
body  which  legislates  for  the  county. 

Every  county  has  its  county  seat,  where  are  located  its 
court-house  with  offices  and  rooms  for  the  transaction 
of  the  county  business,  its  jail  or  penitentiary,  and  any 
other  necessary  public  buildings.  Here  are  preserved  the 
records  of  the  court,  the  registry  of  deeds,  wills,  mort- 
gages and  other  important  papers. 

The  Sheriff  is  named  first  in  order  of  the  county 
officers  by  the  Constitution,  and  he  appears  to  be  the  most 
important  officer  of  the  county.  He  is  elected  for  a  term 
of  three  years  and  is  not  eligible  to  election  for  the  next 
succeeding  term :  he  has  to  give  security  for  the  faithful 
discharge  of  his  duties.  The  preservation  of  the  peace 
within  his  county  is  one  of  his  highest  duties,  but  he  can 
make  no  arrest  and  do  no  official  act  outside  of  his  county. 
He  arrests  disturbers  of  the  peace,  and  those  charged 
with  crime,  and  has  the  custody  of  the  jail  and  all  persons 
confined  there.  He  attends  all  the  County  Courts,  sum- 
mons witnesses  and  jurors,  serves  the  processes  of  the 
court,  and  attends  to  the  execution  of  its  decrees.  He 
has  deputies  for  whom  he  is  responsible,  and  may  summon 
and  compel  the  assistance  of  citizens  when  necessary. 


40  GOVERNMENT   OF   NEW   YORK. 

A  District  Attorney,  who  should  be  a  counsellor-at-law 
in  the  supreme  court,  is  also  chosen  triennially  in  each 
county.  He  is  its  law  officer,  prosecuting  its  criminals, 
and  advising  with  its  Grand  Jury  and  other  officers,  and 
giving  them  such  information  as  they  may  need. 

The  County  Clerk  holds  office  for  three  years,  being 
chosen  by  a  popular  vote.  He  is  custodian  of  all  books, 
records  and  papers  of  the  coi.nty.  Besides  recording  the 
judgments  of  the  court,  he  registers  deeds,  mortgages, 
and  other  important  papers.  He  draws  the  jurors,  admin- 
isters the  oath  to  witnesses  and  jurors,  and  is  clerk  of  all 
the  courts  held  in  the  county. 

Tlie  Treasurer  of  the  county  receives  the  money  due 
from  the  town  collectors  for  county  taxes,  pays  over  to 
the  Comptroller  what  is  due  from  the  county  to  the  state, 
and  receives  from  him  the  school  money  that  is  due  the 
county,  which  he  pays  to  the  supervisors  of  the  towns 
upon  the  certificate  of  the  School  Commissioner.  He 
makes  an  annual  report  to  the  Supervisors. 

The  County  Board  of  Supervisors  is  an  important 
legislative  and  administrative  body  composed  of  one  mem- 
ber from  each  town  in  a  county  and  one  from  each  ward 
of  any  cit}^  in  the  county,  except  that  in  the  county  of  New 
York  the  City  Board  of  Aldermen  take  its  place.  They 
meet  as  a  board  of  canvassers  of  election  returns,  make 
tax  lists  and  cause  the  taxes  to  be  collected.  They  also 
manage  and  legislate  concerning  county  highways,  bridges, 
buildings  and  any  other  property  owned  by  the  county. 
If  a  county  is  entitled  to  more  than  one  member  of  the 


COUNTY   OFFICIALS.  41 

Assembly,  they  divide  it  into  districts.  This  board  has 
the  power  to  change  the  boundaries  of  towns  already 
existing  and  to  create  new  ones.  In  suits  at  law  to  which 
the  county  is  a  party  this  board  represents  it.  They 
annually  make  a  list  of  three  hundred  citizens  or  more  to 
serve  as  Grand  Jurors.  A  Supervisor  has  to  give  bonds 
for  the  faithful  discharge  of  his  duties. 

Coroners  are  elected  in  each  county  for  three  years, 
who  investigate  the  causes  of  suspicious  deaths,  and  hold 
inquests  if  necessary.  They  have  power  to  summon  a 
jury  and  witnesses,  and  to  administer  the  oath  to  them, 
when  a  formal  investigation  is  considered  necessary. 

School  Coniuiissioiiers,  one  or  more,  according  to  the 
population  of  the  different  counties,  are  elected  for  a  term 
of  three  years.  Each  has  the  general  supervision  of  the 
schools  in  his  district,  with  the  power  to  examine  into  the 
qualifications  of  teachers,  and  license  those  found  to  be 
fitted  for  the  work ;  to  form  new  school  districts,  and  to 
change  the  boundaries  of  old  ones.  A  Commissioner  must 
visit  each  school  as  often  as  he  can,  and  know  what  its 
instruction,  management  and  discipline  are.  Under  the 
direction  of  the  State  Superintendent  he  must  organize 
and  hold  a  Teachers'  Institute  at  least  once  a  year.  No 
new  school  building  can  be  erected  in  a  district,  the  plan 
of  heatinof,  lio-htinsr,  and  ventilatinof  of  which  does  not 
meet  the  approval  of  the  Commissioner.  He  makes  an 
annual  report  to  the  State  Superintendent  concerning  the 
schools,  teachers,  examinations  and  licenses,  official  visits, 
condition  of  school  buildings  and  grounds,  and  Teachers' 
Institutes,  with  such  recommendations  as  his  experience 


42  GOVERNMENT   OF   NEW   YORK. 

leads  him  to  believe  would  improve  the  public  school 
system. 

There  are  also  one  or  more  Superintendents  of  the  Poor 
in  each  county,  who  make  rules  for  the  management  of 
the  county  poorhouse,  and  for  the  employment  and  sup- 
port of  the  people  placed  there,  appoint  a  keeper  and  his 
subordinates,  decide  questions  concerning  the  legal  set- 
tlement of  persons  requiring  aid,  and  make  an  annual 
report  to  the  Board  of  Supervisors  of  their  doings. 

The  Sheriffs,  County  Clerks,  and  Coroners  are  paid  for 
their  services  by  fees  that  are  established  by  law.  The 
County  Judge,  Surrogate,  Treasurer,  District  Attorney, 
and  School  Commissioner  are  paid  annual  salaries.  The 
Superintendents  of  the  Poor  and  the  Justices  of  the  Ses- 
sions are  paid  by  the  day. 

Each  Town  is  a  body  corporate  within  certain  definite 
boundaries,  and  having  local  jurisdiction  subordinate  to 
the  state.  Its  powers  are  defined  by  general  statutes. 
It  can  sue  and  be  sued,  and  make  such  regulations  as  are 
necessary  for  the  management  of  its  affairs,  for  preserving 
peace,  good  order  and  the  public  health,  and  it  can  raise 
money  by  taxation.  The  voters  of  each  town  meet  annually 
in  town  meeting  to  elect  officers  of  the  town.  Each  quali- 
fied voter  may  have  an  equal  voice  in  the  proceedings. 
Annual  appropriations  are  made  at  this  meeting.  In  any 
county  all  the  annual  town  meetings  are  held  on  the  same 
day.  Special  town  meetings  may  be  held  for  the  purposes 
named  in  the  statutes. 

Justices  of  the  Peace  preside  at  town  meetings,  acting 
as  inspectors  of  election.  The  officers  elected  at  an  an- 
nual town  meeting  are  a  Supervisor  and  a  Town  Clerk, 


TOWN   OFFICIALS.  43 

each  for  one  year,  Justices  of  the  Peace,  Assessors,  High- 
way Commissioners,  Overseers  of  the  Poor,  a  Collector, 
Constables,  Auditors  and  Excise  Commissioners.  Some 
of  these  hold  office  for  three  or  four  years,  and  others  for 
one  year,  and  the  number  elected  may  be  varied  at  differ- 
ent times  by  the  will  of  the  voters  at  the  election. 

The  Supervisor  is  the  chief  officer  of  the  town.  He 
receives  and  pays  out  money  belonging  to  the  town  for 
schools  upon  the  warrant  of  the  truste'es,  and  for  other 
purposes  as  directed  by  law,  and  has  important  duties  as 
a  member  of  the  County  Board  of  Supervisors.  Cases  of 
disputed  valuation  of  property,  where  a  school  district  is 
partly  in  one  town  and  partly  in  another,  are  adjusted  by 
the  Supervisors  of  the  two  towns.  In  connection  with 
the  Town  Clerk  and  Assessors,  once  in  three  years  he  is 
to  make  up  a  list  of  persons  to  serve  as  petit  jurors. 

The  Town  Clerk  acts  as  clerk  at  the  town  meetings, 
keeping  its  records  and  filing  such  papers  as  properly 
belong  to  his  office,  and  the  bonds  of  those  required  to 
give  them.  He  also  keeps  a  file  of  chattel  mortgages,  and 
a  record  of  births,  marriages  and  deaths.  The  poll  list  is 
in  his  custody,  and  he  notifies  persons  of  their  election. 

The  Assessors  make  an  inventory  of  real  and  personal 
property  and  fix  its  valuation  for  purposes  of  taxation. 

The  Highway  Cominissioners  have  general  charge  and 
supervision  of  the  public  roads  and  bridges. 

The  Collector  is  elected  annually,  and  must  give  bonds 
to  the  Supervisor,  with  one  or  more  sureties,  in  double  the 


44  GOVERNMENT   OF  NEW  YORK. 

amount  of  taxes  to  be  collected.  He  collects  what  is  due 
and  pays  it  over  to  the  Supervisor  and  to  the  other  officers 
named  in  his  warrant.  If  taxes  are  not  paid  within  a 
specified  time,  the  property,  or  a  part  of  it,  upon  which 
they  are  assessed,  may  be  taken  and  sold  at  public  auction 
after  due  advertisement.  Real  estate  thus  sold  may  be  re- 
deemed under  certain  conditions. 

A  School  District  is  a  subdivision  of  a  town.  It  may 
elect  a  sole  trustee  annually,  or  it  may  have  three  trus- 
tees, the  term  of  office  of  one  member  expiring  each  year, 
or  it  may  have  a  Board  of  Education  of  six  or  nine  mem- 
bers, one-third  of  the  number  being  elected  annually.  The 
districts  having  a  Board  of  Education  are  called  Union 
Free  School  Districts,  and  they  may  have  also  a  Treasurer 
in  addition  to  the  Clerk,  Collector  and  Librarian,  who  are 
also  elected  in  districts  which  have  trustees. 

The  trustees  may  hire  and  pay  qualified  teachers,  main- 
tain a  school  for  the  term  required  by  law,  make  an  annual 
report  to  the  School  Commissioner,  and  have  charge  of  the 
district  property.  The  duties  of  the  Clerk,  Collector, 
Librarian  and  Treasurer  are  sufficiently  made  known  by 
their  respective  official  titles. 

The  annual  school  meeting  is  held  on  the  last  Tuesday 
in  August,  and  women  may  vote  at  this  election  under  the 
same  general  restrictions  as  men  and  are  eligible  to  the 
same  offices. 

Villages  are  communities  whose  wants  and  requirements 

for  efficient  local  government  are  not  fully  met  by  the 

.town  system,  but  whose  population  is  not  yet  large  enough 

to  require  all  the  machinery  of  a  city  government.     Such 


•     VILLAGES.  —  CITIES.  45 

a  territory,  having  a  population  of  not  less  than  three  hun- 
dred persons  -to  the  square  mile,  may  be  incorporated  as 
a  village  under  a  general  law  of  the  state.  It  may  elect 
a  president,  board  of  trustees,  treasurer,  and  collector  and 
the  trustees  may  appoint  a  clerk,  street  commissioner, 
police,  and  other  necessary  officers,  and  establish  a  fire 
department  and  a  board  of  health,  levying  taxes  for  neces- 
sary village  expenses.  The  President  is  the  executive 
officer  of  the  organization,  and  it  is  his  duty  to  see  that 
its  regulations  are  enforced.  These  officers  are  usually 
elected  for  one  year. 

Villages  are  parts  of  the  towns  in  which  they  are  situ- 
ated, but  cities  are  not.  In  the  latter  the  town  govern- 
ment is  wholly  superseded,  while  in  the  former  it  is  not, 
although  the  duties  of  some  of  the  town  officers  may  be 
affected  by  the  village  charter. 

Cities  are  composed  of  a  population  too  large  to  be 
governed  by  the  simple  machinery  of  a  town  or  village. 
The  county  and  state  officers  have  the  same  powers  and 
duties  in  cities  as  in  the  country,  but  owing  to  the  massing 
of  large  bodies  of  people  upon  limited  territory,  a  strong 
organization  with  extensive  powers  is  needed.  An  instru- 
ment called  a  Charter  is  granted  by  the  Legislature,  which 
defines  the  boundaries  of  a  city,  gives  it  its  name,  and 
states  what  officers  it  shall  have,  with  their  duties.  This 
charter  must  be  accepted  by  a  vote  of  the  people,  but  it 
may  be  amended  by  the  Legislature  at  its  pleasure.  Cities 
and  villages  are  restricted  in  their  power  of  taxation, 
assessment,  and  contraction  of  debt,  or  loaning  their 
credit. 

The    usual   officers  of  a   city  are   a   Mayor,  Board  of 


46  GOVERNMENT   OF   NEW   YORK. 

Aldermen,  an  Attorney  or  City  Solicitor,  Board  of  Edu- 
cation, Treasurer,  Comptroller,  Assessors,  a  Collector  of 
Taxes,  a  Board  of  Health,  Police  Commissioners,  Excise 
Commissioners,  a  Superintendent  of  Schools,  and  a  Super- 
intendent of  Police.  In  some  cities  there  may  be  also  a 
Superintendent  of  Streets,  a  City  Physician,  City  En- 
gineer, and  Engineers  of  the  Fire  Department.  Some  of 
these  are  chosen  by  the  people,  others  by  the  Board  of 
Aldermen,  or  by  the  Mayor,  or  nominated  by  the  Mayor 
and  approved  by  the  Aldermen. 

The  Mayor  is  elected,  by  the  people  for  a  term  of  one, 
two,  or  three  years ;  the  term  of  office  not  being  the  same 
in  all  cities.  He  is  the  principal  officer  of  the  city,  and 
it  is  his  duty  to  see  that  order  is  maintained,  the  city 
property  cared  for,  and  the  laws  and  ordinances  enforced. 
He  gives  the  Aldermen  such  information,  and  makes  to 
them  such  recommendations  as  he  thinks  are  for  the  pub- 
lic good.     He  may  veto  ordinances  which  they  pass. 

The  Common  Council,  in  some  cities,  consists  of  the 
Board  of  Aldermen  alone,  and  in  others  of  this  Board  and 
the  Mayor. 

The  Board  of  Aldermen  is  elected  by  the  people,  a 
city  being  divided  into  wards,  and  one  or  two  members 
being  elected  from  each  ward,  usually  for  a  term  of  two 
years.  This  Board,  outside  of  the  city  of  New  York,  has 
considerable  legislative  power.  It  can  lay  and  collect 
taxes,  appropriate  money  for  the  erection  of  public  build- 
ings and  for  the  carrying  on  of  other  public  works,  for 
the  salaries  of  officials,  and  the  support  of  the  schools, 
and  fire  and  police  departments.  It  can  also  build  sewers, 
lay  out  and  alter  streets,  and  regulate  their  use. 


THE   ELECTION   EETUENS.  47 

City  Ordinances  relate  to  precautions  against  fire,  acci- 
dent, and  infectious  diseases,  tlie  removal  of  offal  and 
snow  and  ice  from  sidewalks  and  streets,  the  punishment 
of  offenders  and  the  general  protection  of  property  and 
health. 
I  For  the  pur^^oses  of  this  work  the  names  of  the  other 
ofiftcers  are  a  sufhcient  indication  of  their  duties. 

The  Election  Returns  in  a  presidential  election  are 
'  under  the  control  of  state  law  and  state  officers  from  the 
closing  of  the  polls  until  the  final  canvass  of  the  vote  by 
the  State  Board  of  Canvassers.  Special  provisions  of  the 
law  apply  to  the  city  of  New  York  only.  In  all  other 
parts  of  the  state  the  insj^ectors  of  elections  make  two 
copies  of  their  original  return  sheets,  one  of  which  is  filed 
in  the  ofhce  of  the  Clerk  of  the  town  or  city  at  once,  and 
the  other  with  the  Clerk  of  the  County  within  twenty-four 
hours  after  the  canvass  of  the  vote  is  completed.  The 
original  return  sheets  are  delivered  to  the  Supervisor  of 
the  town  or  ward  where  the  votes  were  cast. 

The  Supervisors  of  a  County  meet  as  a  Board  of  Can- 
vassers the  first  Tuesday  after  the  election  is  held.  The 
County  Clerk  records  the  result  as  it  is  ascertained  by 
them,  sending  one  copy  by  mail  to  the  Governor,  another 
to  the  Secretary  of  State,  and  still  a  third  copy  he  must 
deliver  to  the  Secretary  of  State  in  person  or  by  deputy. 
The  Secretary  of  State  usually  acts  as  Chairman  of  the 
State  Board  of  Canvassers ;  and  that  officer,  with  the  Comp- 
troller, Attorney-General,  Treasurer  and  State  Engineer, 
constitute  this  Board.  They  meet  on  the  Wednesday  fol- 
lowing the  third  Monday  of  November  after  the  election. 
The  work  of  the  Board  consists  mainly  in  ratifying  and 


48  GOVERNMENT   OF   NEW  YORK. 

signing  the  results  already  ascertained  througli  the  com- 
pilation of  the  returns. 

The  law  of  the  state  requiring  the  electors  to  meet  and 
cast  its  vote  on  the  first  Wednesday  of  December  has  been 
superseded  by  an  act  of  Congress  passed  Feb.  3,  1887,  re- 
quiring the  electors  in  all  the  states  to  meet  the  second 
Monday  in  January  following  the  election,  to  formally  cast 
the  vote  of  the  state  for  President  and  Vice-President. 

The  provisions  of  this  law  also  govern  the  conduct  of  in- 
spectors of  election  and  Boards  of  Canvassers  of  the  votes 
for  state  and  local  officers,  so  far  as  they  are  applicable. 

The  Militia  consists  of  all  able-bodied  citizens  between 
the  ages  of  eighteen  and  forty-five,  except  that  such  as  have 
religious  scruples  against  bearing  arms  may  be  excused. 
The  company  officers  are  chosen  by  the  ballots  cast  by  its 
members  ;  field  officers  of  regiments  and  separate  battal- 
ions by  the  written  votes  of  their  commissioned  officers ; 
brigade  officers  by  the  field  officers  of  the  brigade ;  staff 
officers  are  appointed  by  regimental,  brigade  and  division 
commanders.  All  the  officers  are  commissioned  by  the 
Governor,  who  also  appoints  all  Major-Generals,  a  Com- 
missary-General, Adjutant-General,  and  other  Chiefs  of 
Staff,  and  Aides-de-Camp,  whose  commissions  expire  with 
the  term  for  which  he  was  elected. 

Volunteer  members  of  the  National  Guard  constitute 
the  present  organized  militia  force.  Arms,  equipments, 
and  sometimes  armories  are  furnished  them  at  public  cost. 

Public  Schools,  supported  by  state  and  local  taxation, 
presided  over  by  qualified  teachers,  are  not  only  accessible 
to  all,  but  attendance  upon  them   is   required   by   law. 


HIGHWAYS   AND   BRIDGES.  49 

Children  between  the  ages  of  eight  and  fourteen  must  at- 
tend some  school  at  least  fourteen  weeks  in  each  year. 
In  some  cities  and  thickly  settled  communities  special 
officers  are  appointed  to  see  to  the  enforcement  of  this 
law.  Persons  wishing  to  qualify  themselves  to  teach  can 
attend  Normal  Schools  free  of  charge  of  tuition.  There 
are  ten  of  these  located  at  convenient  points. 

The  state  school  tax  and  the  income  from  the  common 
school  fund,  which  is  apportioned  by  the  State  Superin- 
tendent among  the  cities  and  towns,  can  be  used  for  the 
wages  of  teachers  only.  Money  for  other  necessary  ex- 
penses of  the  schools  is  raised  by  local  taxation,  as  is  also 
additional -money  for  the  pay  of  teachers  if  the  sum  re- 
ceived from  the  state  is  insufficient. 

Hig-hways  and  Bridges  are  generally  provided  at  the 
public  expense,  and  are  free  to  all.  There  are  Commis- 
sioners of  Highways  chosen  by  ballot  in  each  town,  Avho 
have  the  care  of  its  roads  and  bridges.  .  They  spend  such 
sums  as  are  legally  raised  for  necessary  changes  and  re- 
pairs. Each  town  is  divided  into  road  districts,  with  its 
overseer  Mdio  superintends  the  performance  of  the  work 
upon  the  roads  assigned  to  the  inhabitants  of  his  district. 
Every  male  inhabitant  over  twenty-one  years  of  age,  and 
every  landowner  is  lial)le  annually  for  the  performance 
of  a  certain  amount  of  work  upon  the  public  highways. 
A  single  road  commissioner  may  be  elected  annually,  or 
there  may  be  three,  each  elected  for  three  years,  the  term 
of  one  member  expiring  each  year. 

The  Poor  of  each  town  are  provided  for  at  the  public 
expense  if  unable  to  take  care  of  themselves,  but  they 


50  GOVERNMENT   OF   NEW   YORK. 

must  have  a  legal  settlement  in  the  town.  If  they  do  not, 
they  become  a  county  charge.  In  some  cases  a  town's 
poor  are  cared  for  by  the  county,  but  at  the  cost  of  the 
town.  One  or  two  overseers  of  the  poor  are  elected  an- 
nually, and  it  is  their  duty  to  afford  relief  where  needed, 
and  to  ascertain  where  the  indigent  have  a  legal  settle- 
ment, so  that  the  expense  of  their  maintenance  may  be 
borne  by  the  community  where  they  properly  belong. 
The  state  also  has  asylums  for  the  pauper  insane,  blind  or 
sick,  and  those  who  are  not  a  legal  charge  upon  any  town 
or  county.  Parents  or  children  of  paupers  must  care  for 
them  if  able. 

The  Canals.  —  Constitutional  provision  was  made  to 
raise  by  taxation  all  the  money  necessary  to  p-Aj  the  debts 
incurred  in  the  construction  of  the  canals.  They  are 
owned  and  managed  by  the  state,  and  no  tolls  are  charged 
for  their  use. 

A  District  is  a  term  of  frequent  use  and  of  varied 
application.  There  are  road  districts  under  charge  of  an 
overseer  of  highways ;  school  districts,  under  charge  of 
school  trustees;  and  election  districts,  all  the. voters  in 
whose  boundaries  are  registered  and  cast  their  votes  in  one 
place.  The  two  former  are  usually  part  of  a  town  or  vil- 
lage, and  the  latter  may  be  the  whole  of  a  town  or  village, 
or  a  part  of  a  city.  A  School  Commissioner  District  is 
the  whole"  or  a  part  of  a  county  (New  York  excepted), 
which  triennially  elects  a  commissioner  of  public  schools. 

An  Assembly  District  is  a  part  or  the  whole  of  a 
county  which  annually  elects  a  member  of  the  Assembly. 


TAXES.  51 

There  is  one  exception  to  this  —  the  counties  of  Fulton 
and  Hamilton  form  but  a  single  district  for  this  purpose. 
A  Senate  District  is  generally  composed  of  two  or  more 
counties.  Albany,  Oneida,  and  Erie  counties  each  form  a 
single  district.  Kings  County  is  divided  into  three  dis- 
tricts. Richmond  County  is  joined  to  New  York,  and 
together  they  form  seven  districts. 

A  Congressional  District  is  a  part  of  a  county,  or  a 
M'hole  count3%  or  a  number  of  counties  united  in  one  con- 
stituency for  the  election  of  a  representative  in  Congress. 
All  of  these  districts  are  as  nearly  as  possible  to  embrace 
an  equal  population. 

A  District  Attorney  is  the  law  officer  representing  a 
county.  A  Judicial  District  is  one  county  in  the  case  of 
the  county  of  New  York,  but  is  composed  of  several 
counties  in  the  remaining  seven  ^  districts.  Each  district 
elects  a  number  of  Justices  of  the  Supreme  Court. 

Taxes  are  assessed  and  collected  to  pay  for  the  services 
of  government  officers,  state  and  local,  to  carry  on  the 
machinery  of  the  courts,  to  support  public  schools,  to 
maintain  highways  and  bridges,  to  erect  necessary  public 
buildings  and  other  public  works  and  keep  them  in  repair, 
and  to  pay  the  interest  and  principal  of  public  debts. 
The  rate  of  taxation  varies.  In  rural  neighborhoods  it  is 
very  low,  while  in  some  cities  it  is  almost  three  per  cent 
of  the  whole  valuation.  All  real  estate,  except  that  used 
for  public  purposes,  is  taxed;  the  assessment  is  made 
where    the    property   is    situated;    personal    property   is 

1  See  pages  97,  98. 


52  GOVERNMENT   OF   NEW  YORK. 

assessed  where  the  owner  lives,  and  the  personal  estate 
of  corporations  where  the  principal  office  of  the  com- 
pany is. 

The  Legislature  of  the  state,  the  Supervisors  of  a  county, 
the  Board  of  Trustees  of  a  village,  and  the  people  at  the 
annual  meeting  of  a  town,  resj)ectively  determine  what 
.amounts  of  money  must  be  raised  by  taxation  to  carry  on 
state  and  local  governments. 

The  Town  Collector  of  taxes  pays  out  the  funds  he 
collects  for  local  purj)Oses  to  the  various  persons  named  in 
his  warrant.  The  county  and  state  taxes  he  pays  over  to 
the  Treasurer  of  the  county,  who  in  turn  pays  over  the 
portion  belonging  to  the  state  to  the  Comptroller. 

The  Oath  of  Office,  which  it  is  required  that  members 
of  the  Legislature  and  all  executive  and  judicial  officers 
shall  take,  except  those  of  inferior  grades  who  may  be 
exempted  by  law,  is  very  explicit  and  exact.  The  person 
subscribing  to  it  must  profess  thorough  loyalty  to  the 
Union  and  to  the  state.  He  must  also  further  make  oath 
that  his  election  was  procured  by  strictly  honorable  means  ; 
only  such  efforts  heing  made  to  secure  it  as  would  bear 
the  closest  scrutiny  in  the  open  light  of  day  and  be  ap- 
proved by  common  consent : 

I  do  solemnly  swear  (or  afErni)  that  I  ^Yill  support  the  Constitution 
of  the  United  States,  and  the  Constitution  of  tlie  State  of  New  York, 
and  that  I  will  faithfully  discharge  the  duties  of  the  office  of  , 

according  to  the  best  of  my  alnlity.  And  I  do  further  solemnly  swear 
(or  affirm)  that  I  have  not  directly  or  indirectly  paid,  offered  or  prom- 
ised to  pay,  contributed,  or  offered  or  promised  to  contribute,  any 
money  or  other  valuable  thing  as  a  consideration  or  reward  for  the 
giving  or  withholding  a  vote  at  the  election  at  which  I  Was  elected  to 
said  office,  and  have  not  made  any  promise  to  influence  the  giving  or 
withholding  any  such  vote. 


POLITICAL   RIGHTS   AND   DUTIES.  63 

Any  person  who  swears  falsely  is  guilty  of  inrjury. 
This  is  a  crime  which  society  strongly  condemns,  and  upon 
conviction  visits  severe  punishment  upon  the  offender. 
There  may  be  different  grades  in  the  gravity  of  the  offence 
and  its  consequences,  but  the  essence  of  the  crime  of  tell- 
ing an  untruth  and  making  an  oath  that  it  is  the  truth  is 
always  the  same. 

The  leg-al  rate  of  interest  is  six  per  cent,  and  usury  is 
a  misdemeanor  punishable  by  line,  or  imprisonment,  or 
both.  Any  form  of  device  by  which  the  borrower  is 
obliged  to  pay  the  lender  interest  beyond  the  legal  rate 
is  usurious.  Laws  fixing  such  rate  are  enacted  upon  the 
theory  that  they  are  necessary  for  the  protection  of  the 
poor  against  the  rich,  and  so  that  the  lender  shall  take  no 
undue  advantage  of  the  necessities  of  the  borrower. 

The  tendency  of  later  legislation  is  toward  the  theory 
that  money  should  be  treated  as  mechandise,  and  that  the 
parties  to  a  loan  may  make  any  bargain  concerning  it  that 
seems  to  suit  their  interest ;  but  when  no  bargain  is  made 
the  law  shall  say  what  the  interest  is. 

Political  Rig-hts  and  Duties.  —  While  the  Constitution 
provides  that  certain  officers  shall  be  elected  at  a  fixed 
time  and  in  a  prescribed  manner,  and  defines  their  powers 
and  duties,  it  has  left  to  the  voluntary  action  of  citizens 
the  creation  of  the  machiner}^  by  which  the  candidates  for 
the  several  offices  are  to  be  named.  Naturally,  the  peojjle, 
where  there  is  a  general  or  a  qualified  suffrage,  seem  to 
divide  themselves  into  two  great  parties,  ranging  them- 
selves upon  opposing  sides  upon  qnestions  of  local  or 
general  government.     In  this  country  each  party  is  repre- 


54  GOVEKNMENT   OF  NEW  YORK. 

sented  by  its  committee  of  citizens  who  look  after  its 
interests,  calling  the  people  together  in  caucus  in  a  town 
or  ward,  who  sympathize  with  its  purposes  and  aims.  A 
caucus  generally  names  candidates  for  local  offices  and 
delegates  for  county,  district  and  state  conventions.  These 
conventions  nominate  candidates  and  adopt  platforms  of 
principles.  The  number  of  delegates  any  locality  may 
send  to  a  convention  is  usually  determined  by  the  number 
of  votes  it  cast  for  the  party  at  the  last  preceding  election. 
The  committees  and  candidates  of  each  party  present  the 
party  claims  by  means  of  newspapers,  circulars,  public 
meetings  and  personal  influence. 

The  beginnings  of  political  power  are  in  the  caucuses, 
or  primary  meetings.  The  good  citizen  can  here  exert  the 
most  potent  influences  for  the  public  welfare  in  securing 
the  nomination  of  honest  and  intelligent  men  for  office, 
and  in  so  shaping  the  party  aims  that  they  shall  promote 
the  public  interest,  and  not  be  degraded  to  serve  private 
or  selfish  ends.  One  of  the  highest  duties  of  the  citizen 
is  to  see  that  the  primary  meeting  is  kept  free  of  all  taint 
of  dishonesty. 

When  the  people  are  nearly  equally  divided  by  political 
questions  there  is  much  less  danger  of  hasty  and  ill-con- 
sidered legislation ;  measures  will  be  more  closely  scanned 
and  their  bearings  upon  the  public  welfare  more  carefully 
weighed;  there  will  be  a  better  adjustment  of  means  to 
ends,  and  both  means  and  ends  will  be  higher.  A  more 
solemn  sense  of  responsibility  and  accountability  will  at- 
tend all  proceedings.  Better  men  Avill  be  sought  for  to 
serve  in  public  positions.  But  a  party  having  a  large 
majority,  and  being  long  continued  in  power,  feeling 
strong  in  its  hold  upon  public  confidence,  is  in  danger  of 


HISTORICAL   SKETCH.  55 

having  its  strength  diverted  to  the  promotion  of  selfish  or 
corrupt  schemes ;  bad  men  may  be  nominated  and  elected 
by  force  of  party  discipline,  and  reckless  or  bad  legislation 
be  the  result.  Parties  nearly  evenly  balanced  in  numbers, 
intelligence  and  character,  form  one  of  our  highest  safe- 
guards. 

Historical.  —  A  constitutional  convention  was  ordered 
by  a  vote  of  the  people  Nov.  4,  1845.  There  were  213,257 
votes  for  a  convention  and  33,860  against  it.  Tlie  work 
of  the  delegates  was  approved  Nov.  3,  1846,  by  a  vote  of 
221,528  in  favor  to  92,436  opposed. 

A  change  was  made  in  Section  3  of  Article  7,  providing 
for  a  speedy  completion  of  the  canals,  at  an  election  in 
February,  1854,  and  in  November  of  1882  this  section  was 
still  further  amended,  tolls  were  abolished,  and  the  canals 
were  made  forever  free.  This  last  amendment  was  adopted 
by  the  people  by  a  vote  of  nearly  three  in  favor  to  one 
opposed. 

In  November.  1866,  the  people  voted  by  a  majority  of 
over  96,000  to  call  a  convention  to  revise  the  Constitution; 
but  in  November,  1869,  they  rejected  the  work  of  the  con- 
vention as  a  whole,  by  a  majority  of  66,521.  They,  how- 
ever, adopted  two  amended  articles  that  were  separately 
submitted,  the  one  pertaining  to  the  judiciary,  and  the 
other  to  the  property  qualification  for  colored  men. 

Article  6,  relating  to  the  judiciary,  was  further  amended 
in  November,  1872.  In  November,  1873,  there  were  two 
amendments  submitted  to  the  people  by  the  Legislature, 
making  the  most  of  the  judiciary  offices  above  justices  of 
the  peace,  appointive  instead  of  elective.  These  were 
rejected  by  a  majority  of  over  200,000  votes. 


56  GOVEENMENT    OF  NEW   YORK. 

In  November,  1874,  there  were  nine  amendments  and 
two  new  articles  adopted  by  the  people  on  submission  by 
the  Legislature,  by  varying  majorities.  The  first  amend- 
ment pertained  to  voting,  the  second  to  the  Legislature,  its 
power  and  the  eligibility  of  members  ;  the  third  added 
Sections  17  to  25  of  Article  3,  which  further  define  and 
limit  the  powers  and  duties  of  the  Legislature  ;  the  fourth 
relates  to  the  eligibility  of  the  governor  and  lieutenant- 
governor,  and  further  defines  their  powers  and  duties ;  the 
fifth  relates  to  the  state  debt  and  to  claims  against  the 
state ;  the  sixth  and  seventh  relate  to  savings-banks,  and 
added  two  new  sections  to  Article  8,  prohibiting  the  loan- 
ing of  the  credit  of  the  State,  or  any  county,  city,  village 
or  town  loaning  its  credit,  or  the  incurring  of  any  debt 
beyond  a  certain  percentage  of  the  valuation  ;  the  eighth 
relates  to  the  salaries  of  State  officers  named  in  the  Con- 
stitution ;  the  ninth  amends  Article  12,  which  contains  the 
oath  of  office.  The  new  Article  15  relates  to  bribery,  and 
the  new  Article  16  provides  that  all  amendments  shall 
take  effect  upon  the  first  day  of  January  following  their 
adoption,  except  they  may  provide  otherwise. 

Li  November,  1876,  Article  5,  Section  3,  was  amended; 
it  relates  to  the  appointment  of  a  Superintendent  of  Public 
Works.  Section  4  of  the  same  article,  relating  to  the 
Superintendent  of  State  Prisons,  was  amended  at  the 
same  time. 

Article  6,  Section  6,  relating  to  the  Supreme  Court,  was 
amended  in  November,  1879.  It  is  remarkable  that  the 
total  vote  upon  this  amendment,  both  for  and  against,  was 
only  120,909.  In  November,  1880,  amendments  were 
adopted  which  relate  chiefly  to  local  courts  in  the  cities  of 
New  York,  Brookl^ai,  and  Buffalo. 


HISTORICAL   SKETCH.  67 

Sections  3,  5,  and  6,  of  Article  7,  relating  to  canals,  were 
amended  in  November,  1882. 

Section  11  of  Article  8  was  further  amended  in  Novem- 
ber, 1884.  This  amendment,  which  relates  to  the  incurring 
of  public  debts  and  the  loaning  of  public  credit,  was 
adopted  by  the  nearly  unanimous  vote  of  499,661  for  to 
9,161  against. 

Nov.  2,  1886,  the  people  voted,  by  a  majority  of  544,227, 
that  another  constitutional  convention  should  be  called. 
The  details  of  legislation  necessary  to  the  choice  of  dele- 
gates, fixing  the  time  and  place  of  holding  the  same,  and 
other  important  matters,  have  not  yet  been  provided. 

The  people  voted  Nov.  6,  1888,  upon  an  amendment 
empowering  the  governor  to  appoint  justices  of  the 
Supreme  Court,  to  hear  cases  on  appeal,  their  decisions  to 
have  the  same  force  and  effect  as  if  rendered  by  the  Court 
of  Appeals  itself.  The  purpose  of  this  is  to  relieve  the 
calendar  of  the  latter  court,  and  relieve  litigants  of  some 
of  the  long  delays  that  are  now  necessary  to  be  endured, 
before  their  cases  are  reached  and  finally  adjudicated. 

This  amendment  to  Section  6  of  Article  6  was  adopted 
by  a  vote  of  598,114  for,  to  55,822  opposed;  it  may  be 
found  on  page  93. 

Note.  —  In  the  text  of  the  Constitution  which  follows,  one  whole 
article  and  some  sections  of  other  articles  are  not  included,  because 
they  were  temporary  in  their  application  and  are  now  obsolete. 


58 


GOVEENMENT   OF   NEW  YORK. 


SALARIES   OF   STATE   OFFICERS. 


Governor $10,000 

Lieutenant-Governor        ........  5,000 

Secretary  of  State  ..........  5,000 

Comptroller 6,000 

Treasurer 5,000 

Attorney-General 5,000 

State  Engineer  and  Surveyor  .         .         .         .         .         ,         .  5,000 

Superintendent  of  Banking      .......  5,000 

Superintendent  of  Insurance 7,000 

Superintendent  of  Prisons        .......  6,000 

Superintendent  of  Public  Works 6,000 

State  Assessors 2,500 

Board  of  Claims 5,000 

Superintendent  of  Public  Instruction 5,000 

State  Dairy  Commissioner 3,000 

Railroad  Commissioners 8,000 

Labor  Commissioner 2,500 

Civil  Service  Commissioners 2,000 

Quarantine  Commissioners 2,500 

State  Arbitrators 3,000 

State  Commissioner  in  Lunacy 4,000 

Chief  Justice  of  tlie  Court  of  Appeals 10,500 

Justices  of  the  Court  of  Appeals 10,000 

Justices  of  the  Supreme  Court 6,000 


THE  CONSTITUTION  OF  THE  STATE  OF 
NEW  YORK. 


Adopted  Xov.  3,  1S46,  as  Amended,  and  in  Force  Jan.  2,  1889. 


We  the  People  of  the  State  of  New  York,  grateful  to  Almighty 
God  for  our  Freedom,  in  order  to  secure  its  blessings,  do  estab- 
lish THIS  Constitution. 

ARTICLE  I.  — Individual  Rights. 

1.  Disfranchiseiiieiit.  —  No  member  of  this  State  shall  be  dis- 
franchised, or  deprived  of  any  of  the  rights  or  privileges  secured 
to  any  citizen  thereof,  unless  by  the  law  of  the  land,  or  the  judg- 
ment of  his  peers. 

2.  Trial  by  jury. — The  trial  by  jury  in  all  cases  in  which  it 
has  been  heretofore  used,  shall  remain  inviolate  forever ;  but  a 
jury  trial  may  be  waived  by  the  parties  in  all  civil  cases  in^the 
manner  to  be  prescribed  by  law. 

3  Religious  liberty.  —  The  free  exercise  and  enjoyment  of 
religious  profession  and  worship,  without  discrimination  or  prefer- 
ence, shall  forever  be  allowed  in  this  State  to  all  mankind  ;  and 
no  person  shall  be  rendered  incompetent  to  be  a  witness  on  account 
of  his  opinions  on  matters  of  religious  belief ;  but  the  liberty  of 
conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  this  State. 

4.  Habeas  corpus. — The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when,  in  cases  of  rebellion  or  inva- 
sion, the  public  safety  may  require  its  suspension. 

5.  Bail,  fines. — Excessive  bail  shall  not  be  required  nor  exces- 
sive fines  imposed,  nor  shall  cruel  and  unusual  punishments  be 
inflicted,  nor  shall  witnesses  be  unreasonably  detained. 


60  GOVERNMENT   OF  NEW  YORK. 

6.  Grand  jury.  —  No  person  shall  be  held  to  answer  for  a 
capital  or  otherwise  infamous  crime  (except  in  cases  of  impeach-^ 
ment,  and  in  cases  of  militia  when  in  actual  service ;  and  the  land 
and  naval  forces  in  time  of  war,  or  which  this  State  may  keep, 
with  the  consent  of  Congress,  in  time  of  peace ;  and  in  cases  of 
petit  larceny,  under  the  regulation  of  the  Legislature),  unless  on 
presentment  or  indictment  of  a  grand  jury;  and  in  any  trial  in  any 
court  whatever  the  party  accused  shall  be  allowed  to  appear  and 
defend  in  person  and  with  counsel  as  in  civil  actions.  No  person 
shall  be  subject  to  be  twice  put  in  jeopardy  for  the  same  offence; 
nor  shall  he  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself ;  nor  be  deprived  of  life,  liberty  or  property  with- 
out due  process  of  law;  nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation. 

7.  Private  property  and  private  roads. — When  private  prop- 
erty shall  be  taken  for  any  public  use  the  compensation  to  be  made 
therefor,  when  such  compensation  is  not  made  by  the  State,  shall 
be  ascertained  by  a  jury  or  by  not  less  than  three  commissioners 
appointed  by  a  court  of  record,  as  shall  be  prescribed  by  law. 
Private  roads  may  be  opened  in  the  manner  to  be  prescribed  by 
law;  but  in  every  case  the  necessity  of  the  road,  and  the  amount 
of  all  damage  to  be  sustained  by  the  opening  thereof,  shall  be  first 
determined  by  a  jury  of  freeholders,  and  such  amount,  together 
with  the  expenses  of  the  proceeding,  shall  be  paid  by  the  person 
to  be  benefited. 

8.  Free  speech  and  press.  —  Every  citizen  may  freely  speak, 
write  and  publish  his  sentiments  on  all  subjects,  being  responsible 
for  the  abuse  of  that  right;  and  no  law  shall  be  passed  to  restrain 
or  abridge  the  liberty  of  speech  or  of  the  press.  In  all  criminal 
prosecutions  or  indictments  for  libels,  the  trutli  may  be  given  in 
evidence  to  the  jury  ;  and  if  it  shall  appear  to  the  jury,  that  the 
matter  charged  as  libellous  is  true,  and  was  published  with  good 
motives,  and  for  justifiable  ends,  the  party  shall  be  acquitted;  and 
the  jury  shall  have  the  right  to  determine  the  law  and  the  fact. 

9.  Appropriation  bills.  —  The  assent  of  two-thirds  of  the 
members  elected  to  each  branch  of  the  Legislature,  shall  be 
requisite  to  every  bill  appropriating  the  public  moneys  or  prop- 
erty for  local  or  private  purposes. 

10.  Petitions,  divorces,  lotteries.  —  No  law  shall  be  passed 
abridging  the  riglit  of   the    people   peaceably  to  assemble  and  to 


CONSTITUTION   OF   NEW  YORK.  61 

petition  the  government,  or  any  department  thereof,  nor  shall  any 
divorce  be  granted,  otherwise  than  by  due  judicial  proceedings; 
nor  shall  any  lottery  hereafter  be  authorized  or  any  sale  of  lottery 
tickets  allowed  within  this  State. 

11.  Property  in  lands.  —  The  people  of  this  State,  in  their 
right  of  sovereignty  are  deemed  to  possess  the  original  and  ultimate 
property  in  and  to  all  lands  within  the  jurisdiction  of  the  State: 
aiad  all  lands  the  title  to  which  shall  fail,  from  a  defect  of  heirs, 
shall  revert,  or  escheat  to  the  people. 

12.  Feudal  tenures.  —  All  feudal  tenures  of  every  description, 
with  all  their  incidents,  are  declared  to  be  abolished,  saving  how- 
ever all  rents  and  services  certain  which  at  any  time  heretofore 
have  been  lawfully  created  or  reserved. 

13.  Allodial  tenure.  —  All  lands  within  this  State  are  declared 
to  be  allodial,  so  that,  subject  only  to  the  liability  to  escheat,  the 
entire  and  absolute  property  is  vested  in  the  owners,  according  to 
the  nature  of  their  respective  estates. 

14.  Limit  of  leases.  —  No  lease  or  grant  of  agricultural  land, 
for  a  longer  period  than  twelve  years,  hereafter  made,  in  which 
shall  be  reserved  any  rent  or  service  of  any  kind,  shall  be  valid. 

15.  Fines,  quarter  sales. —  All  fines,  quarter  sales,  or  other 
like  restraints  upon  alienation  reserved  in  any  grant  of  land,  here- 
after to  be  made,  shall  be  void. 

16.  Indian  lands.  —  No  purchase  or  contract  for  the  sale  of 
lands  in  this  State  made  since  the  fourteenth  day  of  October,  one 
thousand  seven  hundred  and  seventy-five,  or  which  may  hereafter 
be  made,  of,  or  with  the  Indians,  shall  be  valid,  unless  made  under 
the  authority,  and  with  the  consent  of  the  Legislature. 

17.  Codification  of  laws.  —  Such  parts  of  the  common  law, 
and  of  the  acts  of  the  Legislature  of  the  Colony  of  New  York,  as 
together  did  form  the  law  of  the  said  Colony,  on  the  nineteenth  day 
of  April,  one  thousand  seven  hundred  and  seventj^-five,  and  the 
resolutions  of  the  Congress  of  the  said  Colony,  and  of  the  con- 
vention of  the  State  of  New  York,  in  force  on  the  twentieth  day  of 
April,  one  thousand  seven  hundred  and  seventy-seven,  which  have 
not  since  expired,  or  been  repealed  or  altered ;  and  such  acts  of  the 
Legislature  of  tliis  State  as  are  now  in  force,  shall  be  and  continue 
the  law  of  this  State,  subject  to  such  alterations  as  the  Legislature 
shall  make  concerning  the  same.  But  all  such  parts  of  the  common 
law  and  such  of  the  said  acts,  or  parts  thereof,  as  are  repugnant  to 


62 


GOVERNMENT   OF  NEW  YORK. 


this  constitution,  are  hereby  abrogated ;  and  the  Legislature,  at  its 
first  session  after  tlie  adoption  of  this  constitution,  shall  appoint 
three  commissioners,  whose  duty  it  shall  be  to  reduce  into  a  written 
and  systematic  code  the  whole  body  of  the  law  of  this  State,  or  sa 
much  and  such  parts  thereof  as  to  the  said  commissioners  shall 
seem  practicable  and  expedient.  And  the  said  commissioners  shall 
specify  such  alterations  and  amendments  therein  as  they  shall  deem 
proper,  and  they  shall  at  all  times  make  reports  of  their  proceedings 
to  the  Legislature,  when  called  upon  to  do  so ;  and  the  Legislature 
shall  pass  laws  regulating  the  tenure  of  office,  the  filling  of  vacan- 
cies therein,  and  the  compensation  of  the  said  commissioners,  and 
shall  also  provide  for  the  publication  of  the  said  code,  prior  to  its 
being  presented  to  the  Legislature  for  adoption. 

18.  Grants  of  land.  —  All  grants  of  land  within  the  State, 
made  by  the  king  of  Great  Britain,  or  persons  acting  under  his 
authority,  after  the  fourteenth  day  of  October,  one  thousand  seven 
hundred  and  seventy-five,  shall  be  null  and  void  ;  but  nothing  con- 
tained in  this  constitution  shall  affect  any  grants  of  land  within  this 
State,  made  by  the  authority  of  the  said  king  or  his  predecessors, 
or  shall  annul  any  charters  to  bodies  politic  and  corporate,  by  him 
or  them  made,  before  that  day ;  or  shall  affect  any  such  grants  or 
charters  sinoe  made  by  this  State,  or  by  persons  acting  under  its 
authority  ;  or  shall  impair  the  obligation  of  any  debts  contracted 
by  the  State,  or  individuals,  or  bodies  corporate,  or  any  other  rights 
of  property,  or  any  suits,  actions,  rights  of  action,  or  other  proceed- 
ings in  courts  of  justice. 


ARTICLE  II.  — Voters. 

1.  Qualifications.  —  Every  male  citizen  of  the  age  of  twenty- 
one  years  who  shall  have  been  a  citizen  for  ten  days  and  an 
inhabitant  of  this  State  one  year  next  preceding  an  election,  and 
for  the  last  four  months  a  resident  of  the  county  and  for  the 
last  thirty  days  a  resident  of  the  election  district  in  which  he  may 
offer  his  vote,  shall  be  entitled  to  vote  at  such  election  in  the 
election  district  of  which  he  shall  at  the  time  be  a  resident,  and 
not  elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be  elec- 
tive by  the  people,  and  upon  all  questions  which  may  be  submitted 
to  the  vote  of  the  people,  provided  that  in  time  of  war  no  elector 
in  the  actual  military  service  of  the  State,  or  of  the  United  State?, 


CONSTITUTION   OF   ITEW  YORK.  63 

in  the  army  or  navy  thereof,  sliall  be  deprived  of  his  vote  b}'  reason 
of  liis  absence  from  such  election  district ;  and  the  Legislature  shall 
have  power  to  provide  tne  manner  in  which  and  the  time  and  place 
at  whicli  such  absent  electors  may  vote,  and  for  the  return  and  can- 
vass of  their  votes  in  the  election  districts  in  which  they  respectively 
reside. 

2.  Bribery.  —  No  person  who  shall  receive,  expect  or  offer  to 
receive,  or  ji^y,  offer  or  promise  to  pay,  contribute,  offer  or  promise 
to  contribute  to  another,  to  be  paid  or  used,  any  money  or  otlier 
valuable  thing  as  a  compensation  or  reward  for  the  giving  or  with- 
holding a  vote  at  an  election,  or  who  shall  make  any  promise  to 
influence  the  giving  or  withholding  any  such  vote,  or  who  shall 
make  or  become  directly  or  indirectly  interested  in  any  bet  or  wager 
depending  upon  the  result  of  any  election,  shall  vote  at  such  elec- 
tion; and  upon  challenge  for  such  cause,  the  person  so  challenged, 
before  the  officers  authorized  for  that  purpose  shall  receive  his  vote, 
shall  swear  or  affirm  before  such  officers  that  lie  has  not  received  or 
offered,  does  not  e.xpect  to  receive,  has  not  paid,  offered  or  promised 
to  pay,  contributed,  offered  or  promised  to  contribute  to  another,  to 
be  paid  or  used,  any  money  or  other  valuable  tiling  as  n  compensa- 
tion or  reward  for  the  giving  or  withholding  a  vote  at  such  election, 
and  has  not  made  any  promise  to  influence  the  giving  or  withhold- 
ing of  any  such  vote,  nor  made  or  become  directly  or  indirectly 
interested  in  any  bet  or  wager  depending  upon  the  result  of  such 
election.  The  Legislature,  at  the  session  thereof  next  after  the 
adoption  of  this  section,  shall,  and  from  time  to  time  thereafter 
may,  enact  laws  excluding  from  the  right  of  suffrage  all  persons 
convicted  of  bribery  or  of  any  infamous  crime. 

3.  Residence.  —  For  the  purpose  of  voting,  no  person  shall  be 
deemed  to  have  gained  or  lost  a  residence,  by  reason  of  his  presence 
or  absence,  while  employed  in  the  service  of  the  United  States ;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  State,  or  of 
the  United  States,  or  of  the  high  seas;  nor  while  a  student  of  any 
seminary  of  learning;  nor  while  kept  at  any  alms-house,  or  other 
asylum,  at  public  expense ;  nor  while  confined  in  any  public  prison. 

4.  Enactments.  —  Laws  shall  be  made  for  ascertaining  by 
proper  proofs  the  citizens  who  shall  be  entitled  to  the  right  of 
suffrage  hereby  established. 

5.  Election  by  ballot.  —  All  elections  by  the  citizens  shall  be 
by  ballot,  except  for  such  town  officers  as  may  by  law  be  directed 
to  be  otherwise  chosen. 


64  GOVERNMENT  OF  NEW   YORK. 


ARTICLE   III.  — The  Legislature. 

1.  Two  Houses.  —  The  legislative  power  of  this  State  shall  be 
vested  in  a  Senate  and  Assembly. 

2.  How  constituted.  —  The  Senate  shall  consist  of  thirty-two 
members,  and  the  Senators  shall  be  chosen  for  two  years.  The 
Assembly  shall  consist  of  one  hundred  and  twenty-eight  members, 
who  sliall  be  annually  elected. 

3.  Senate  districts.  —  The  Senate  shall  be  divided  into  thirty- 
two  districts,  to  be  called  Senate  districts,  each  of  which  shall 
choose  one  Senator.  The  districts  shall  be  numbered  from  one  to 
thirty-two  inclusive.^ 

4.  How  altered.  —  An  enumeration  of  the  inhabitants  of  the 
State  shall  be  taken,  under  the  direction  of  the  Legislature,  in  the 
year  one  thousand  eight  hundred  and  fifty-five,  and  at  the  end  of 
every  ten  years  thereafter ;  and  the  said  districts  shall  be  so  altered 
by  the  Legislature,  at  the  first  session  after  the  return  of  every 
enumeration,  that  each  Senate  district  shall  contain,  as  nearly  as 
may  be,  an  equal  number  of  inhabitants,  excluding  aliens  and 
persons  of  color  not  taxed ;  and  shall  remain  unaltered  until  the 
return  of  another  enumeration,  and  shall  at  all  times  consist  of 
contiguous  territory ;  and  no  county  shall  be  divided  in  the  for- 
mation of  a  Senate  district,  except  such  county  shall  be  equitably 
entitled  to  two  or  more  senators. 

5.  Assembly  districts.  —  The  Assembly  shall  consist  of  one 
hundred  and  twenty-eight  members,  elected  for  one  year.  The 
Members  of  Assembly  shall  be  apportioned  among  the  several 
counties  of  the  State,  by  the  Legislature,  as  nearly  as  may  be, 
according  to  the  number  of  their  respective  inhabitants,  excluding 
aliens,  and  shall  be  chosen  by  single  districts.^  The  assembly 
districts  shall  remain  as  at  present  organized,  until  after  the  enu- 
meration of  the  inhabitants  of  the  State,  in  the  year  eighteen  hun- 
dred and  seventy-five.  The  Legislature,  at  its  first  session  after 
the  return  of  every  enumeration,  shall  apportion  the  Members  of 
Assembly  among  the  several  counties  of  the  State,  in  manner  afore- 
said, and  the  board  of  supervisors  in  such  counties  as  may  be 
entitled   under   such   apportionment,  to   more   than   one   member, 

1  For  list  of  Senate  Districts,  see  pages  95,  96. 

2  For  existing  Assembly  Districts,  see  page  96. 


CONSTITUTION  OF   NEW   YOEK. 


65 


except  the  city  and  county  of  New  York,  and  in  said  city  and  county 
the  board  of  aldermen  of  said  city  shall  assemble  at  such  time  as 
the  Legislature  making  such  apportionment  shall  prescribe,  and 
divide  their  respective  counties  into  Assembly  districts,  each  of 
which  districts  shall  consist  of  convenient  and  contiguous  territory, 
equal  to  the  number  of  Members  of  Assembly  to  which  such 
counties  shall  be  entitled,  and  shall  cause  to  be  filed  in  the  offices 
of  the  Secretary  of  State  and  the  clerks  of  their  respective  counties 
a  description  of  such  districts,  specifying  the  number  of  each  dis- 
trict and  the  population  thereof,  according  to  the  last  i^receding 
enumeration  as  near  as  can  be  ascertained,  and  the  ajiportionment 
and  districts  shall  remain  unaltered  until  another  enumeration  shall 
be  made  as  herein  provided.  No  town  shall  be  divided  in  the 
formation  of  Assembly  districts.  Every  county  lieretofore  estab- 
lished and  separately  organized,  except  the  county  of  Hamilton, 
shall  always  be  entitled  to  one  member  of  the  Assembly,  and  no 
new  county  shall  be  hereafter  erected,  unless  its  population  sliall 
entitle  it  to  a  member.  The  county  of  Hamilton  shall  elect  with 
the  county  of  Fulton,  until  the  population  of  the  county  of  Ham- 
ilton shall,  according  to  the  ratio,  be  entitled  to  a  member.  But 
the  Legislature  may  abolish  the  said  county  of  Hamilton,  and  annex 
the  territory  thereof  to  some  other  county  or  counties.  Notliing  in 
this  section  shall  prevent  division  at  any  time  of  counties  and  towns, 
and  tlie  erection  of  new  towns  and  counties  by  the  Legislature. 

6.  Salary  of  members. —  Each  member  of  the  Legislature 
shall  receive  for  his  services  an  annual  salary  of  one  thousand  and 
five  hundred  dollars.  The  members  of  eitlier  house  shall  also 
receive  the  sum  of  one  dollar  for  every  ten  miles  they  shall  travel, 
in  going  to  and  returning  from  their  place  of  meeting,  once  in  each 
session,  on  the  most  usual  route.  Senators,  when  the  Senate  alone 
is  convened  in  extraordinary  session,  or  when  serving  as  members 
of  the  Court  for  the  Trial  of  Impeachments,  and  such  members  of 
the  Assembly,  not  exceeding  nine  in  number,  as  shall  be  appointed 
managers  of  an  impeachment,  shall  receive  an  additional  allowance 
of  ten  dollars  a  day. 

7.  Prohibitions.  —  No  member  of  the  Legislature  shall  receive 
any  civil  appointment  within  this  State,  or  the  Senate  of  the  United 
States,  from  the  Governor,  the  Governor  and  Senate,  or  from  the 
Legislature,  or  from  any  city  government  during  the  time  for  which 
he  shall  have  been  elected ;  and  all  such  appointments  and  all  votes 


66  GOVERNMENT   OF   NEW  YOKK. 

given  for  any  such  member  for  any  such  office  or  appointment  shall 
be  void. 

8.  Disqualifications.  —  No  person  shall  be  eligible  to  the  Legis- 
lature who,  at  the  time  of  his  election,  is,  or  within  one  hundred 
days  previous  thereto  has  been,  a  member  of  congress,  a  civil  or 
military  officer  under  the  United  States,  or  an  officer  under  any  city 
government ;  and  if  any  person  shall,  after  his  election  as  a  member 
of  the  Legislature,  be  elected  to  Congress,  or  appointed  to  any 
office,  civil  or  military,  under  the  government  of  the  United  States, 
or  under  any  city  government,  his  acceptance  thereof  shall  vacate 
his  seat. 

9.  Time  of  election.  —  The  elections  of  Senators  and  Members 
of  Assembly,  pursuant  to  the  provisions  of  this  Constitution,  shall 
be  held  on  the  Tuesday  succeeding  the  first  Monday  of  November, 
unless  otlierwise  directed  by  the  Legislature. 

10.  Po\vers  of  each  house.  —  A  majority  of  each  house  shall 
constitute  a  quorum  to  do  business.  Each  house  shall  determine 
the  rules  of  its  own  proceedings,  and  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members ;  sliall  choose  its 
own  officers ;  and  the  senate  shall  choose  a  temporary  president, 
when  the  Lieutenant  Governor  shall  not  attend  as  president,  or 
shall  act  as  Governor. 

11.  Journals.  —  Each  house  shall  keep  a  journal  of  its  pro- 
ceedings, and  publish  the  same,  except  sucii  parts  as  may  require 
secrecy.  The  doors  of  each  liouse  shall  be  kept  open,  e.xcept  when 
the  public  welfare  shall  require  secrecy.  Neither  liouse  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  two  days. 

12.  Privilege.  —  For  any  speech  or  debate  in  either  house  of 
the  Legislature,  the  members  shall  not  be  questioned  in  any  other 
place. 

13.  Bills.  —  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  all  bills  passed  by  one  house  may  be  amended  by  the 
other. 

14.  Enacting  clause. — The  enacting  clause  of  all  bills  shall 
be  "The  people  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows,"  and  no  law  shall  be  enacted 
except  by  bill. 

15.  Majority.  —  No  bill  shall  be  passed  unless  by  the  assent  of 
a  majority  of  all  the  members  elected  to  each  branch  of  the  Legis- 
lature, and  the  question   upon   the   final   passage   siiall   be   taken 


CONSTITUTION   OF   NE^y   YORE.  67 

immediately  upon  its  last  reading,  and  the  yeas  and  nays  entered 
on  tlif  journal. 

16.  Private  bills.  —  No  private  or  local  bill,  whicli  may  be 
passed  by  the  Legislature,  shall  embrace  more  than  one  subject, 
and  that  shall  be  expressed  in  the  title. 

17.  Restrictions.  —  No  act  shall  be  passed  which  sliall  provide 
that  any  existing  law,  or  any  part  thereof,  shall  be  made  or  deemed 
a  part  of  said  act,  or  which  shall  enact  that  any  existing  law,  or 
any  part  thereof,  shall  be  applicable,  except  by  inserting  it  in  such 
act. 

18.  Private  and  local  bills.  —  The  Legislature  shall  not  pass 
a  private  or  local  bill  in  any  of  the  following  cases  : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  monej'. 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting. 

Creating,  increasing  or  decreasing  fees,  percentage  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed. 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterford,  and 
on  the  East  river,  or  over  the  waters  forming  a  part  of  the  boun- 
daries of  the  State. 

The  Legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment  may  be  provided  for  by  general  laws.  But  no  law  shall 
authorize  the  construction  or  operation  of  a  street  railroad  except 
upon  the  condition  that  the  consent  of  the  owners  of  one-half  in 


68  GOVERNMENT   OF   NEW  YORK. 

value  the  property  bounded  on,  and  the  consent  also  of  the  local 
authorities  having  the  control  of  that  portion  of  a  street  or  high- 
way upon  which  it  is  proposed  to  construct  or  operate  such  railroad 
be  first  obtained,  or  in  case  tlie  consent  of  such  property  owners 
cannot  be  obtained,  the  general  term  of  the  supreme  court,  in  the 
district  in  which  it  is  proposed  to  be  constructed,  may,  upon  appli- 
cation, appoint  three  commissioners  who  shall  determine,  after  a 
hearing  of  all  parties  interested,  whether  sucli  railroad  ought  to  be 
constructed  or  operated,  and  their  determination,  confirmed  by  the 
court,  may  be  taken  in  lieu  of  tlie  consent  of  the  property  owners. 

19.  Private  claims. — Tlie  Legislature  shall  neither  audit  nor 
allow  any  private  claim  or  account  against  the  State,  but  may  appro- 
priate money  to  pay  such  claims  as  shall  have  been  audited  and 
allowed  according  to  law. 

20.  Tax  bills.  —  Every  law  which  imposes,  continues  or  revives 
a  tax  shall  distinctly  state  the  tax  and  the  object  to  which  it  is  to 
be  applied,  and  it  shall  not  be  sufficient  to  refer  to  any  other  law 
to  fix  such  tax  or  object. 

21.  On  the  final  passage,  in  either  house  of  the  Legislature,  of 
any  act  which  imposes,  continues  or  revives  a  tax,  or  creates  a 
debt  or  charge,  or  makes,  continues  or  revives  any  appropriation  of 
public  or  trust  money  or  property,  or  releases,  discharges  or  com- 
mutes any  claim  or  demand  of  the  "State,  the  question  sliall  be 
taken  by  yeas  and  nays,  wliich  shall  be  duly  entered  upon  the 
journals,  and  three-fiftlis  of  all  the  members  elected  to  either 
house  shall,  in  all  such  cases,  be  necessary  to  constitute  a  quorum 
therein. 

22.  Supervisors.  —  There  shall  be  in  the  several  counties, 
except  in  cities  whose  boundaries  are  the  same  as  those  of  tiie 
county,  a  board  of  supervisors,  to  be  composed  of  such  members, 
and  elected  in  such  manner,  and  for  such  period,  as  is  or  may  be 
provided  by  law.  In  any  sucli  city  the  duties  and  powers  of  a 
board  of  supervisors  may  be  devolved  upon  the  common  council 
or  board  of  aldermen  thereof. 

23.  Liocal  legislation.  —  The  Legislature  shall,  by  general 
laws,  confer  upon  tlie  boards  of  supervisors  of  the  several  counties 
of  the  State,  such  further  powers  of  local  legislation  and  adminis- 
tration as  tlie  legislature  may  from  time  to  time  deem  expedient. 

2-4.  Compensation.  —  The  Legislature  shall  not,  nor  shall  the 
common  council  of  any  city  nor  any  board  of  supervisors,  grant 


CONSTITUTIOX   OF   NEW   YORK.  69 

any  extra   compensation   to  any  public   officer,  servant,  agent  cr 
contractor. 

25.  Restrictions.  —  Sections  seventeen  and  eighteen  of  this  arti- 
cle shall  not  apply  to  any  bill,  or  the  amendments  to  any  bill,  which 
shall  be  reported  to  the  Legislature  by  Commissioners  who  have 
been  apjiointed  pursuant  to  law  to  revise  the  Statutes. 

ARTICLE  IV.  — Executive  Department. 

1.  Executive  po\ver.  —  The  executive  power  shall  be  vested  in  a 
Governor,  who  shall  hold  his  office  for  three  years  ;  a  Lieutenant- 
Governor  shall  be  chosen  at  the  same  time,  and  for  the  same  term. 
The  Governor  and  Lieutenant-Governor  elected  next  preceding  the 
time  when  this  section  shall  take  effect  shall  hold  office  during  the 
term  for  which  they  were  elected. 

2.  Eligibility.  —  No  person  shall  be  eligible  to  the  office  of 
Governor  or  Lieutenant-Governor,  except  a  citizen  of  the  United 
States,  of  the  age  of  not  less  than  thirty  years,  and  who  shall 
have  been  five  years,  next  preceding  his  election,  a  resident  of 
this  State. 

3.  Election.  —  The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the  Assem- 
bly. The  persons  respectively  having  the  highest  number  of  votes 
for  Governor  and  Lieutenant-Governor,  shall  be  elected;  but  in 
case  two  or  more  shall  have  an  equal  and  the  highest  number  of 
votes  for  Governor,  or  for  Lieutenant-Governor  the  two  houses  of 
tlie  Legislature,  at  its  next  annual  session,  shall,  forthwith,  by  joint 
ballot,  choose  one  of  the  said  persons  so  having  an  equal  and  the 
highest  number  of  votes  for  Governor  or  Lieutenant-Governor. 

4.  Duties  of  governor.  —  The  Governor  shall  be  Commander- 
in-Chief  of  the  military  and  naval  forces  of  the  State.  He  shall 
have  power  to  convene  the  Legislature  (or  the  Senate  only)  on 
extraordinary  occasions.  At  extraordinary  sessions  no  subject  shall 
be  acted  upon,  except  such  as  the  Governor  may  recommend  for 
consideration.  He  shall  communicate  by  message  to  the  Legisla- 
ture at  every  session  the  condition  of  the  State,  and  recommend 
such  matters  to  them  as  he  shall  judge  expedient.  He  shall  trans- 
act all  necessary  business  with  the  officers  of  government,  civil  and 
military.  He  shall  expedite  all  such  measures  as  may  be  resolved 
upon  by  the  Legislature,  and  shall  take  care  that  the  laws  are  faith- 


TO  GOVERKMENT   OF  NEW  YORK. 

fully  executed.  He  shall  receive  for  his  services  an  annual  salary 
of  ten  thousand  dollars,  and  there  shall  be  provided  for  his  use  a 
suitable  and  furnished  executive  residence.  ^ 

5.  Pardons.  —  The  Governor  shall  have  the  power  to  grant  re- 
prieves, commutations  and  pardons  after  conviction,  for  all  offences 
except  treason  and  cases  of  impeachment,  upon  such  conditions, 
and  with  such  restrictions  and  limitations,  as  he  may  think  proper, 
subject  to  such  regulations  as  may  be  provided  by  law  relative  to 
the  manner  of  applying  for  pardons.  Upon  conviction  for  treason, 
he  shall  have  power  to  suspend  the  execution  of  the  sentence,  until 
the  case  shall  be  reported  to  the  Legislature  at  its  next  meeting, 
when  the  Legislature  shall  either  pardon,  or  commute  the  sentence, 
direct  the  execution  of  the  sentence,  or  grant  a  further  j-eprieve. 
He  shall  annually  communicate  to  the  Legislature  each  case  of 
reprieve,  commutation  or  pardon  granted;  stating  the  name  of  the 
convict,  the  crime  of  which  he  was  convicted,  the  sentence  and  its 
date,  and  the  date  of  the  commutation,  pardon  or  reprieve. 

6.  Po^ver  may  devolve  on  Ijieutenant-Governor.  —  In  case 
of  tiie  impeachment  of  the  Governor,  or  his  removal  from  office, 
death,  inability  to  discharge  the  powers  and  duties  of  the  said  office, 
resignation  or  absence  from  the  State,  the  powers  and  duties  of  the 
office  shall  devolve  upon  the  Lieutenant-Governor  for  the  residue 
of  the  term,  or  until  tiie  disability  shall  cease.  But  when  the  Gov- 
ernor shall,  with  the  consent  of  the  Legislature,  be  out  of  the  State 
in  time  of  war,  at  the  head  of  a  military  force  thereof,  he  sliall  con- 
tinue commander-in-chief  of  all  tlie  military  force  of  the  State. 

7.  Duties  of  Lieutenant-Governor. — The  Lieutenant-Governor 
shall  possess  the  same  qualifications  of  eligibility  for  office  as  the 
Governor.  He  shall  be  president  of  the  Senate,  but  shall  have 
only  a  casting  vote  therein.  If,  during  a  vacancy  of  the  office  of 
Governor,  the  Lieutenant-Governor  shall  be  impeaclied,  displaced, 
resign,  die,  or  become  incapable  of  performing  the  duties  of  his 
office,  or  be  absent  from  the  State,  the  president  of  the  Senate 
sliall  act  as  Governor  until  the  vacancy  be  filled,  or  the  disability 
shall  cease. 

8.  Salary.  —  Tlie  Lieutenant-Governor  shall  receive  for  his  ser- 
vices an  annual  salary  of  five  thousand  dollars,  and  shall  not  receive 
or  be  entitled  to  any  other  compensation,  fee  or  perquisite  for  any 
duty  or  service  he  may  be  required  to  perform  by  the  constitution 
or  by  law. 


CONSTITUTION   OF   NEW   YOKK  71 

9.  The  veto.  —  Every  bill  which  shall  have  passed  the  Senate 
and  Assembly  shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return 
it  with  his  objections  to  the  house  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  on  the  journal,  and  pro- 
ceed to  reconsider  it.  If,  after  such  reconsideration,  two-thirds  of 
the  members  elected  to  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent  together  with  the  objections  to  the  other  house  by 
which  it  shall  likewise  be  reconsidered ;  and  if  approved  by  two- 
thirds  of  the  members  elected  to  that  house,  it  shall  become  a  law 
notwithstanding  the  objections  of  the  Governor.  In  all  such  cases 
the  votes  in  both  houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  members  voting  shall  be  entered  on  the  journal  of 
each  house  respectively.  If  any  bill  shall  not  be  returned  by  the 
Governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  Legislature  shall,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  become  a  law  without 
the  approval  of  the  Governor.  No  bill  shall  become  a  law  after 
the  final  adjournment  of  the  Legislature,  unless  approved  by  the 
Governor  within  thirty  days  after  such  adjournment.  If  any  bill 
presented  to  the  Governor  contain  several  items  of  appropriation  of 
money,  he  may  object  to  one  or  more  of  such  items  while  approving 
of  the  other  portion  of  the  bill.  In  such  case,  he  shall  append  to 
the  bill,  at  the  time  of  signing  it,  a  statement  of  the  items  to  which 
he  objects  ;  and  the  appropriation  so  objected  to  shall  not  take 
effect.  If  the  Legislature  be  in  session,  he  shall  transmit  to  the 
house  in  which  the  bill  originated  a  copy  of  such  statement,  and 
the  items  objected  to  shall  be  separately  reconsidered.  If,  on 
reconsideration,  one  or  more  of  such  items  be  approved  by  two- 
thirds  of  the  members  elected  to  each  house,  the  same  shall  be  part 
of  the  law,  notwithstanding  the  objections  of  the  Governor.  All 
the  provisions  of  this  section,  in  relation  to  bills  not  approved  by 
the  Governor,  shall  apply  in  cases  in  which  he  shall  withhold  his 
approval  from  any  item  or  items  contained  in  a  bill  appropriating 
money. 

ARTICLE  V.  —  Other  State  Oflflcers. 

1.  Secretary  of  State,  Comptroller,  Treasurer,  Attorney- 
General.  —  The   Secretary  of   State,   Comptroller,  Treasurer  and 


72  GOVERNMENT   OF   NEW  YORK.  . 

Attorney-General  shall  be  chosen  at  a  general  election,  and  shall 
hold  their  offices  for  two  years.  Each  of  the  officers  in  this  article 
named  (except  the  Speaker  of  the.  Assembly)  shall,  at  stated  times 
during  liis  continuance  in  office,  receive  for  his  services  a  compen- 
sation, which  sliall  not  be  increased  or  diminished  during  the  term 
for  which  he  shall  have  been  elected ;  nor  shall  he  receive,  to  his 
use,  any  fees  or  perquisites  of  office,  or  other  compensation. 

2.  Engineer  and  Surveyor.  —  A  State  Engineer  and  Surveyor 
shall  be  cliosen  at  a  general  election,  and  shall  liold  his  office  two 
years ;  but  no  person  shall  be  elected  to  said  office  who  is  not  a 
practical  engineer. 

3.  Superintendent  of  Public  Works.  —  A  Superintendent  of 
Public  Works  sliall  be  appointed  by  the  Governor,  by  and  witli 
the  advice  and  consent  of  the  Senate,  and  iiold  his  office  until  the 
end  of  the  term  of  the  Governor  by  wliom  he  was  nominated,  and 
until  his  successor  is  appointed  and  qualified.  He  sliall  receive  a 
compensation  to  be  fixed  by  law.  He  shall  be  required  by  law  to 
give  security  for  the  faithful  execution  of  his  office  before  entering 
upon  the  duties  thereof.  He  shall  be  charged  with  the  execution  of 
all  laws  relating  to  the  repair  and  navigation  of  the  canals,  and  also 
of  those  relating  to  the  construction  and  improvement  of  tlie  canals, 
except  so  far  as  the  execution  of  the  laws  relating  to  such  construc- 
tion or  improvement  shall  be  confided  to  tlie  State  Engineer  and 
Surveyor;  subject  to  the  control  of  the  Legislature,  he  shall  make 
the  rules  and  regulations  for  the  navigation  or  use  of  the  canals. 
He  may  be  suspended  or  removed  from  office  by  the  Governor, 
whenever,  in  his  judgment,  the  public  interest  shall  so  require;  but 
in  case  of  the  removal  of  such  Superintendent  of  Public  Works 
from  office,  the  Governor  shall  file  with  the  Secretary  of  State  a 
statement  of  the  cause  of  such  removal,  and  shall  report  such  re- 
moval, and  the  cause  thereof,  to  the  Legislature  at  its  next  session. 
The  Superintendent  of  Public  Works  shall  appoint  not  more  than 
three  assistant  superintendents,  whose  duties  shall  be  prescribed  by 
him,  subject  to  modification  by  the  Legislature,  and  who  shall  re- 
ceive for  their  services  a  compensation  to  be  fixed  by  law.  They 
shall  hold  their  office  for  three  years,  subject  to  suspension  or  re- 
moval by  the  Superintendent  of  Public  Works,  whenever,  in  his 
judgment,  the  public  interest  shall  so  require.  Any  vacancy  in  the 
office  of  any  such  assistant-superintendent  shall  be  filled  for  the  re- 
mainder of  the  term  for  which  he  was  appointed  by  the  Superin- 


CONSTITUTION   OF   NEW   YORK.  73 

tendent  of  Public  Works ;  but  in  case  of  the  suspension  or  removal 
of  any  such  assistant-superintendent  by  him,  he  sliall  at  once  report 
to  tlie  Governor,  in  writing,  tiie  cause  of  such  removal.  All  other 
persons  employed  in  the  care  and  management  of  tiie  canals,  except 
collectors  of  tolls,  and  those  in  the  department  of  llie  State  Engineer 
and  Surveyor,  shall  be  appointed  by  the  Superintendent  of  Public 
Works,  and  be  subject  to  suspension  or  ren)oval  by  him.  The 
office  of  canal  commissioner  is  abolished  from  and  after  tlie  appoint- 
ment and  qualification  of  the  Superintendent  of  Public  Works, 
until  which  time  the  Canal  Commissioners  shall  continue  to  dis- 
charge their  duties  as  now  provided  by  law.  The  Superintendent 
of  Public  Works  shall  perform  all  the  duties  of  the  Canal  Com- 
missioners, and  board  of  Canal  Commissioners,  as  now  declared  by 
law,  until  otherwise  provided  by  the  Legislature.  The  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  shall  have  power 
to  fill  vacancies  in  the  office  of  Superintendent  of  Public  Works ; 
if  the  Senate  be  not  in  session,  he  may  grant  commissions  which 
shall  expire  at  the  end  of  tlie  next  succeeding  session  of  the  Senate. 

4.  Superintendent  of  State  Prisons.  —  A  Superintendent  of 
State  Prisons  shall  be  appointed  by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  and  hold  his  office  for  five  years  un- 
less sooner  removed  ;  he  shall  give  security  in  such  amount,  and  with 
such  sureties  as  shall  be  required  by  law  for  the  faithful  discharge 
of  his  duties  ;  he  shall  have  the  superintendence,  management  and 
control  of  State  Prisons,  subject  to  such  laws  as  now  exist  or  may 
hereafter  be  enacted  ;  he  shall  appoint  the  agents,  wardens,  ph}'- 
sicians,  and  cliaplains  of  the  prisons.  The  agent  and  warden  of 
each  prison  shall  appoint  all  other  officers  of  such  prison,  except  the 
clerk,  subject  to  the  approval  of  the  same  by  the  Superintendent. 
Tiie  Comptroller  shall  appoint  the  clerks  of  the  prisons.  The  Super- 
intendent shall  have  all  the  powers  and  perform  all  the  duties  not 
inconsistent  herewith,  which  have  heretofore  been  had  and  per- 
formed by  the  Inspectors  of  State  Prisons ;  and  from  and  after  the 
time  when  such  Superintendent  of  State  Prisons  shall  have  been 
appointed  and  qualified,  the  office  of  Inspector  of  State  Prisons 
shall  be  and  hereby  is  abolished.  The  Governor  may  remove  the 
Superintendent  for  cause  at  any  time,  giving  to  him  a  copy  of  the 
charges  against  him,  and  an  ojiportunity  to  be  heard  in  his  defence. 

5.  Commissioners  of  tlie  Land  OlFice.  —  The  Lieutenant- 
Governor,   Speaker  of  the  Assembly,  Secretary  of   State,   Comp- 


74  GOVERNMENT   OF   NEW   YORK. 

troller,  Treasurer,  Attorney  General,  and  State  Engineer  and  Sur- 
veyor, sliall  be  tlie  Commissioners  of  the  Land  Office.  The  Lieu- 
tenant Governor,  Secretary  of  State,  Comptroller,  Treasurer,  and 
Attorney  General  shall  be  the  Commissioners  of  the  Canal  Fund. 
The  Canal  Board  shall  consist  of  the  Commissioners  of  the  Canal 
Fund,  the  State  Engineer  and  Surveyor,  and  tlie  Canal  Commis- 
sioners. 

6.  Po^ve^s  and  duties.  —  The  powers  and  duties  of  the  re- 
spective Boards,  and  of  the  several  officers  in  this  article  mentioned, 
shall  be  such  as  now  are  or  hereafter  may  be  prescribed  by  law. 

7.  Treasurer  may  be  suspended.  —  The  Treasurer  may  be 
suspended  from  office  by  the  Governor,  during  the  recess  of  the 
Legislature,  and  until  thirty  days  after  the  commencement  of  the 
next  session  of  the  Legislature,  whenever  it  shall  appear  to  him 
that  such  Treasurer  has,  in  any  particular,  violated  his  duty.  The 
Governor  shall  appoint  a  competent  person  to  discharge  the  duties 
of  the  office  during  such  suspension  of  the  Treasurer. 

8.  Certain  offices  abolished.  —  All  offices  for  the  weighing, 
gauging,  measuring,  culling  or  inspecting  any  merchandise,  produce, 
manufacture  or  commodity  whatever,  are  hereby  abolished,  and  no 
such  office  sliall  hereafter  be  created  by  law ;  but  nothing  in  this 
section  contained  shall  abrogate  any  office  created  for  the  purpose 
of  protecting  the  public  health  or  the  interests  of  the  State  in  its 
property,  revenue,  tolls,  or  purchases,  or  of  supplying  the  people 
with  correct  standards  of  weights  and  measures,  or  shall  prevent 
the  creation  of  any  office  for  such  purposes  hereafter. 

ARTICLE  VI.  —Judiciary. 

1.  Iinpeachinent.  —  The  Assembly  shall  have  the  power  of 
impeachment  by  a  vote  of  a  majority  of  all  the  members  elected. 
The  court  for  the  trial  of  impeachments  shall  be  composed  of  the 
President  of  the  Senate,  the  Senators,  or  a  major  part  of  them, 
and  the  Judges  of  the  Court  of  Appeals,  or  the  major  part  of  them. 
On  the  trial  of  an  impeachment  against  the  Governor,  the  Lieutenant- 
Governor  shall  not  act  as  a  member  of  the  court.  No  judicial 
officer  shall  exercise  his  office,  after  articles  of  impeachment  against 
him  shall  have  been  preferred  to  the  Senate,  until  he  shall  have 
been  acquitted.  Before  the  trial  of  an  imiieachment  the  members 
of  the  court  shall  take  an  oath  of  affirmation,  truly  and  impartially 


CONSTITUTION   OF   NEW   YORK.  75 

to  try  the  impeachment,  according  to  evidence ;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
present.  Judgment  in  cases  of  impeachment  shall  not  extend  fur- 
ther than  to  removal  from  office,  or  removal  from  office  and  dis- 
qualification to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit 
under  this  State ;  but  the  party  impeached  shall  be  liable  to  indict- 
ment and  punishment  according  to  law. 

2.  Court  of  Appeals.  —  Tliere  shall  be  a  Court  of  Appeals, 
composed  of  a  Chief  Judge  and  six  associate  Judges,  who  shall  be 
chosen  by  the  electors  of  the  State,  and  shall  hold  their  office  for 
the  term  of  fourteen  years  from  and  including  the  first  day  of  Jan- 
uary next  after  their  election.  At  the  first  election  of  judges,  un- 
der this  Constitution,  every  elector  may  vote  for  the  Chief  and  only 
four  of  the  associate  Judges.  Any  five  members  of  the  court  shall 
form  a  quorum,  and  the  concurrence  of  four  shall  be  necessary  to 
a  decision.  The  court  shall  have  tiie  appointment,  with  the  power 
of  removal,  of  its  reporter  and  clerk,  and  of  such  attendants  as  may 
be  necessary. 

3.  V'acancies  filled.  —  When  a  vacancy  shall  occur,  otherwise 
than  by  expiration  of  term,  in  the  office  of  Chief  or  associate  Judge 
of  the  Court  of  Appeals,  the  same  shall  be  filled,  for  a  full  term,  at 
the  next  general  election  happening  not  less  than  three  months 
after  such  vacancy  occurs;  and  until  the  vacancy  shall  be  so  filled, 
the  Governor  by  and  with  the  advice  and  consent  of  the  Senate,  if 
the  Senate  shall  be  in  session,  or  if  not,  the  Governor  alone  maj- 
appoint  to  fill  such  vacancy.  If  any  such  appointment  of  Chief 
Judge  shall  be  made  from  among  the  associate  judges,  a  temporary 
appointment  of  associate  judge  shall  be  made  in  like  manner;  but  in 
such  case,  the  person  appointed  Chief  Judge  shall  not  be  deemed  to 
vacate  his  office  of  associate  judge  any  longer  than  until  the  expi- 
ration of  his  appointment  as  Chief  Judge.  The  powers  and  jurisdic- 
tion of  the  court  shall  not  be  suspended  for  want  of  appointment  or 
election,  when  the  number  of  judges  is  sufficient  to  constitute  a  quo- 
rum. All  appointments  under  tliis  section  shall  continue  until  and 
including  the  last  day  of  December  next  after  the  election  at 
which  the  vacancy  shall  be  filled. 

6.  Supreme  Court.  —  There  shall  be  the  existing  Supreme 
Court,  with  general  jurisdiction  in  law  and  equity,  subject  to  such 
appellate  jurisdiction  of  the  Court  of  Appeals  as  now  is  or  may  be 
prescribed  by  law;  and  it  shall  be  composed  of  the  justices  now  in 


76  GOVERNMENT   OF   NEW   YORK. 

office,  with  one  additional  justice,  to  be  elected  as  hereinafter  pro- 
vided, who  shall  be  continued  during-  tlieir  respective  terms,  and  of 
their  successors.  The  existing  judicial  districts  of  tlie  State  are 
continued  until  changed  pursuant  to  this  section. ^  Five  of  the  jus- 
tices shall  reside  in  tlie  district  in  wiiich  is  the  city  of  New  York, 
five  in  the  second  judicial  district,  and  four  in  each  of  the  other  dis- 
tricts. The  Legislature  may  alter  the  districts,  without  increasing 
the  number,  once  after  every  enumeration,  under  this  Constitution, 
of  the  inhabitants  of  the  State.^ 

7.  General  terms.  —  At  the  first  session  of  the  Legislature,  after 
the  adoption  of  this  article,  and  from  time  to  time  thereafter  as  may 
be  necessary,  but  not  oftener  than  once  in  five  years,  provisions 
shall  be  made  for  organizing,  in  the  Supreme  Court,  not  more  than 
four  general  terms  thereof,  each  to  be  composed  of  a  presiding  jus- 
tice, and  not  more  than  three  other  justices,  who  shall  be  designated, 
according  to  law,  from  the  whole  number  of  justices.  Each  pre- 
siding justice  shall  continue  to  act  as  such  during  his  term  of  office. 
Provision  shall  be  made  by  law  for  holding  the  general  terms  of 
each  judicial  district.  Any  justice  of  the  Supreme  Court  may  hold 
special  terms  and  Circuit  C!ourts,  and  may  preside  in  Courts  of 
Oyer  and  Terminer,  in  any  county. 

8.  Review  of  decisions.  —  No  judge  or  justice  shall  sit,  at  a 
general  term  of  any  court;  or  in  the  Court  of  Appeals,  in  review  of 
a  decision  made  by  him,  or  by  any  court  of  which  he  was  at  the 
time  a  sitting  member.  The  testimony  in  equity  cases  shall  be 
taken  in  like  manner  as  in  cases  at  law ;  and  except  as  herein  other- 
wise provided,  the  Legislature  shall  have  the  same  power  to  alter 
and  regulate  the  jurisdiction  and  proceedings  in  law  and  equity, 
that  they  have  heretofore  exercised. 

9.  Vacancies  filled.  —  When  a  vacancy  shall  occur,  otherwise 
than  by  expiration  of  term,  in  the  office  of  Justice  of  the  Supreme 
Court,  tlic  same  sliall  be  filled  for  a  full  term,  at  the  next  general 
election  happening  not  less  than  three  months  after  such  vacancy 
occurs ;  and  until  any  vacancy  shall  be  so  filled,  the  Governor  by 
and  with  the  advice  and  consent  of  the  Senate,  if  the  Senate  shall 
be  in  session,  or  if  not  in  session,  the  Governor  may  appoint  to  fill 
such  vacancy.  Any  such  appointment  shall  continue  until  and 
including  tlie  last  day  of  December  next  after  the  election  at  which 
the  vacancy  shall  be  filled. 

1  For  judicial  districts,  as  now  constituted,  see  pages  97,  98. 

2  For  amendment  to  this  section,  adopted  November,  1888,  see  pages  93,  94. 


CONSTITUTION   OF  NEW   YORK.  77 

10.  Prohibitions. — The  judges  of  the  Court  of  Appeals,  and 
the  justices  of  tlie  Supreme  Court,  shall  not  hold  any  other  oflSce 
or  public  trust.  All  votes  for  any  of  them  for  any  other  than 
a  judicial  office,  given  by  the  Legislature  or  the  people,  shall 
be  void. 

11.  Removal.  —  Judges  of  the  Court  of  Appeals,  and  justices  of 
the  Supreme  Court,  may  be  removed  by  concurrent  resolution  of 
both  liouses  of  the  Legislature,  if  two-thirds  of  all  the  members 
elected  to  each  house  concur  therein.  All  judicial  officers,  except 
those  mentioned  in  this  section,  and  except  Justices  of  the  Peace, 
and  Judges  and  Justices  of  inferior  courts  not  of  record,  may  be 
removed  by  the  Senate,  on  the  recommendation  of  the  Governor,  if 
two-thirds  of  all  the  members  elected  to  the  Senate  concur  therein. 
But  no  removal  shall  be  made,  by  virtue  of  this  section,  unless  the 
cause  thereof  be  entered  on  the  journals,  nor  unless  the  party  com- 
plained of  shall  have  been  served  with  a  copy  of  the  charges  against 
him,  and  shall  have  had  an  opportunity  of  being  heard.  On  the 
question  of  removal,  the  yeas  and  nays  shall  be  entered  on  the 
journal. 

12.  Ciiy  courts.  —  The  superior  court  in  the  city  of  New  York, 
the  court  of  common  pleas  for  the  city  and  county  of  New  York, 
the  superior  court  of  Buffalo,  and  the  city  court  of  Brooklyn  are 
continued  with  the  powers  and  jurisdiction  they  now  sevcrallj' 
have  and  such  further  civil  and  criminal  jurisdiction  as  may  be  con- 
ferred by  law.  The  superior  court  of  New  York  shall  be  composed 
of  the  si.x  judges  in  office  at  the  adoption  of  this  article,  and  their 
successors.  The  court  of  common  pleas  of  New  York,  of  the  tliree 
judges  then  in  office  and  their  successors,  and  three  additional 
judges.  The  superior  court  of  Buffalo,  of  the  judges  now  in  office, 
and  their  successors ;  and  the  cit_v  court  of  Brooklyn,  of  such  num- 
ber of  judges,  not  exceeding  three,  as  may  be  provided  by  law. 
The  judges  of  said  courts  in  office  at  the  adoption  of  this  article 
are  continued  until  the  expiration  of  their  terms.  A  chief  judge 
shall  be  appointed  by  the  judges  of  each  of  said  courts  from  their 
own  number,  who  shall  act  as  such  during  his  official  term.  Vacan- 
cies in  the  office  of  the  judges  named  in  this  section,  occurring 
otherwise  than  bj'  expiration  of  term,  shall  be  filled  in  the  same 
manner  as  vacancies  in  the  supreme  court.  The  legislature  may 
provide  for  detailing  judges  of  the  superior  court  and  court  of 
common  pleas  of  New  York  to  hold  circuits  and  special  terms  of 


78  GOVERISTMENT   OF   NEW  YORK. 

the  supreme  court  in  that  citj^;  and  for  detailing  judges  of  the  city 
court  of  Brooklyn,  to  hold  circuits  and  special  terms  of  the  supreme 
court  in  Kings  county,  as  the  public  interest  may  require. 

13.  Election.  —  Justices  of  the  supreme  court  shall  be  chosen 
by  the  electors  of  their  respective  judicial  districts.  Judges  of  all 
the  courts  mentioned  in  the  last  preceding  section  shall  be  chosen 
by  the  electors  of  the  cities  respectively  in  which  said  courts  are 
instituted.  The  official  terms  of  the  said  justices  and  judges  who 
shall  be  elected  after  the  adoption  of  this  article  shall  be  fourteen 
years  from  and  including  the  first  day  of  January  next  after  their 
election.  But  no  person  shall  hold  the  office  of  justice  or  judge  of 
any  court  longer  than  until  and  including  the  last  day  of  December 
next  after  he  shall  be  seventy  years  of  age.  The  compensation  of 
every  judge  of  the  court  of  appeals,  and  of  every  justice  of  the 
supreme  court  whose  term  of  office  shall  be  abridged  pursuant  to 
this  provision,  and  who  shall  have  served  as  such  judge  or  justice 
ten  years  or  more,  shall  be  continued  during  the  remainder  of  the 
term  for  which  he  was  elected. 

14.  Salaries. — The  judges  and  justices  hereinbefore  mentioned 
shall  receive  for  their  services  a  compensation  to  be  established  by 
law,  which  shall  not  be  diminished  during  tlieir  official  terms. 
Except  the  Judges  of  the  Court  of  Appeals  and  the  Justices  of  the 
Supreme  Court,  they  shall  be  paid,  and  the  expenses  of  their  courts 
defrayed,  by  the  cities  or  counties  in  which  such  courts  are  insti- 
tuted, as  shall  be  provided  by  law. 

15.  County  courts.  —  The  existing  county  courts  are  continued, 
and  the  judges  tliereof  in  oflBce  at  the  adoption  of  this  article,  shall 
hold  their  offices  until  the  expiration  of  their  respective  terms. 
Their  successors  shall  be  chosen  by  the  electors  of  the  counties,  for 
the  term  of  six  years.  The  County  Courts  shall  have  the  powers 
and  jurisdiction  they  how  possess,  until  altered  by  the  legislature. 
They  shall  also  have  original  jurisdiction  in  all  cases  where  the  de- 
fendants reside  in  the  county  and  in  which  the  damages  claimed 
shall  not  exceed  one  thousand  dollars ;  and  also  such  appellate 
jurisdiction  as  shall  be  provided  by  law,  subject,  however,  to  such 
provision  as  shall  be  made  by  law  for  the  removal  of  causes  into 
the  Supreme  Court.  They  shall  also  have  such  other  original 
jurisdiction  as  shall,  from  time  to  time,  be  conferred  upon  them  by 
the  Legislature.  The  county  Judge,  with  two  Justices  of  the 
Peace,  to  be  designated  according  to  law,  may  hold  Courts  of  Ses- 


CONSTITUTION   OF   NEW    YORK.  79 


sions,  with  such  criminal  jurisdiction  as  the  Legishiture  shall  pre- 
scribe, and  he  shall  perform  such  other  duties  as  may  be  required 
by  law.  His  salary,  and  the  salary  of  the  Surrogate  when  elected 
as  a  separate  officer,  shall  be  established  by  law,  payable  out  of  the 
County  Treasury,  and  shall  not  be  diminished  during  his  term  of 
office.  The  Justices  of  the  Peace  shall  be  paid,  for  services  in 
Courts  of  Sessions,  a  per  diem  allowance  out  of  the  County  Treasury. 
The  County  Judge  shall  also  be  Surrogate  of  his  county ;  but  in 
counties  having  a  population  exceeding  forty  thousand,  the  Legis- 
lature may  i)rovi(le  for  the  election  of  a  separate  officer  to  be  Sur- 
rogate, whose  term  of  office  shall  be  the  same  as  that  of  the  County 
Judge.  The  County  Judge  of  any  county  may  preside  at  Courts 
of  Sessions,  or  hold  County  Courts,  in  any  other  county,  except 
New  York  and  Kings,  when  requested  by  the  judge  of  such  other 
county. 

16.  Local  judges. — The  Legislature  may,  on  application  of  the 
Board  of  Supervisors,  provide  for  the  election  of  local  officers,  not 
to  exceed  two  in  any  county,  to  disciiarge  the  duties  of  County 
Judge  and  of  Surrogate,  in  cases  of  their  inability,  or  of  a  vacancy, 
and  to  exercise  such  other  powers  in  special  cases  as  may  be  pro- 
vided by  law. 

18.  Justices  of  the  Peace.  —  The  electors  of  the  several  towns 
shall,  at  their  annual  town  meeting,  and  in  such  manner  as  the 
Legislature  may  direct,  elect  Justices  of  the  Peace,  whose  term  of 
office  shall  be  four  years.  In  case  of  an  election  to  fill  a  vacancy 
occurring  before  the  expiration  of  a  full  term,  the}'  shall  hold  for 
the  residue  of  the  unexpired  term.  Their  number  and  classification 
may  be  regulated  by  law.  Justices  of  the  Peace,  and  Judges  or 
Justices  of  inferior  courts  not  of  record  and  their  clerks  may  be 
removed,  after  due  notice  and  an  opportunity  of  being  heard  by 
such  courts  as  may  be  prescribed  by  law,  for  causes  to  be  assigned 
in  the  order  of  removal.  Justices  of  the  Peace  and  district  court 
justices  shall  be  elected  in  the  different  cities  of  this  State,  in  such 
manner,  and  with  such  powers,  and  for  such  terms,  respectively,  as 
shall  be  prescribed  by  law;  all  other  judicial  officers  in  cities,  whose 
election  or  appointment  is  not  otherwise  provided  for  in  this  article, 
shall  be  chosen  by  the  electors  of  cities,  or  appointed  by  some  local 
authorities  thereof. 

19.  Local  courts.  —  Inferior  local  courts  of  civil  and  criminal 
jurisdiction  may  be  established  by  the  Legislature ;  and,  except  as    | 


80  GOVERNMENT   OF  NEW   YORK. 

herein  otherwise  provided,  all  judicial  officers  shall  he  elected  or 
appointed  at  such  times,  and  in  such  manner,  as  the  Legislature 
may  direct. 

20.  Clerks.  —  Clerks  of  the  several  counties  shall  he  Clerks  of 
the  .Supreme  Court,  with  such  powers  and  duties  as  shall  he  pre- 
sorihed  by  law.  The  Clerk  of  the  Court  of  Appeals  shall  keep  his 
office  at  the  seat  of  government.  His  compensation  shall  be  fixed 
by  law  and  paid  out  of  the  public  treasury. 

21.  Fees.  —  No  judicial  officer,  except  Justices  of  the  Peace, 
shall  receive  to  his  own  use  any  fees  or  perquisites  of  office ; 
nor  shall  any  Judge  of  the  Court  of  Appeals,  Justice  of  the 
Supreme  Court,  or  Judge  of  a  Court  of  Record  in  the  cities 
of  New  York,  Brooklyn  or  Buffalo,  practise  as  an  attorney 
or  counsellor  in  any  Court  of  Record  in  this  State,  or  act  as 
referee. 

22.  Direct  review.  —  The  Legislature  may  authorize  the  judg- 
ments, decrees  and  decisions  of  any  Court  of  Record  of  original 
civil  jurisdiction,  established  in  a  city,  to  be  removed  for  review, 
directly  into  the  Court  of  Appeals. 

23.  Publication  of  statutes,  etc.  —  The  Legislature  shall 
provide  for  the  speedy  iiublication  of  all  statutes,  and  also  for 
the  appointment  by  the  Justices  of  the  Supreme  Court  desig- 
nated to  hold  general  terms  of  a  reporter  of  the  decisions  of  that 
court.  All  laws  and  judicial  decisions  shall  be  free  for  publica- 
tion by  any  person. 

26.  Special  sessions.  —  Courts  of  special  sessions  shall  have 
such  jurisdiction  of  offences  of  the  grade  of  misdemeanors  as  maj' 
be  prescribed  by  law. 

27.  Surrogates'  courts.  —  For  the  relief  of  Surrogates'  Courts, 
the  Legislature  may  confer  upon  Courts  of  Record,  in  any  county 
having  a  population  exceeding  four  hundred  thousand,  the  powers 
and  jurisdiction  of  Surrogates,  with  authority  to  try  issues  of  fact 
by  jury  in  probate  causes. 

28.  Additional  justices.  —  The  Legislature,  at  the  first  session 
thereof  after  the  adoption  of  this  amendment,  shall  provide  for 
organizing  in  the  supreme  court  not  more  than  five  general  terms 
thereof;  and  for  the  election  at  the  general  election  next  after 
the  adoption  of  this  amendment,  by  the  electors  of  the  judicial 
districts  mentioned  in  this  section,  respectively,  of  not  more  than 
two  justices  of    the   supreme   court   in   addition   to   the    justices 


CONSTITUTION   OF   NEW   YORK.  81 

of  that  court  now  in  office  in  the  first,  fifth,  seventh  and  eighth, 
and  not  more  than  one  justice  of  that  court  in  the  second, 
third,  fourth  and  sixth  judicial  districts.  The  justices  so  elected 
shall  be  invested  with  their  oflBces  on  the  first  Monday  of  June 
next   after   their   election. 

ARTICLE   VII.  — State  Debts. 

1.  Canal  debt.  —  After  paying  the  expenses  of  collection,  super- 
intendence and  ordinary  repairs,  there  shall  be  appropriated  and  set 
apart  in  each  fiscal  year  out  of  the  revenues  of  the  State  Canals,  in 
each  year,  commencing  on  the  first  day  of  June,  one  thousand  eight 
hundred  and  forty-six,  the  sum  of  one  million  and  three  hundred 
thousand  dollars  imtil  the  first  day  of  June,  one  thousand  eight 
hundred  and  fifty-five,  and  from  that  time  the  sum  of  one  million 
and  seven  hundred  thousand  dollars  in  each  fiscal  year,  as  a  sinking 
fund  to  pay  the  interest  and  redeem  the  principal  of  that  part  of 
the  State  debt  called  the  canal  debt,  as  it  existed  at  the  time 
first  aforesaid,  and  including  three  hundred  thousand  dollars  then 
to  be  borrowed,  until  the  same  shall  be  wholly  paid ;  and  the  prin- 
cipal and  income  of  the  said  sinking  fund  shall  be  sacredly  apjjlied 
to  that  purpose. 

2.  General  fund  debt.  —  After  complying  with  the  provisions 
of  the  first  section  of  this  article,  there  shall  be  appropriated  and 
set  apart  out  of  the  surplus  revenues  of  the  State  Canals,  in  each 
fiscal  year,  commencing  on  the  first  day  of  June,  one  thousand 
eight  hundred  and  forty-six,  the  sum  of  three  hundred  and  fifty 
thousand  dollars,  until  the  time  when  a  sufficient  sum  shall  have 
been  appropriated  and  set  apart,  under  the  said  first  section,  to  pay 
the  interest  and  extinguish  the  entire  principal  of  the  Canal  debt; 
and  after  that  period,  then  the  sum  of  one  million  and  five  hundred 
thousand  dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the 
interest  and  redeem  the  principal  of  that  part  of  the  State  debt 
called  the  General  Fund  Debt,  including  the  debt  for  loans  of  the 
State  credit  to  railroad  companies  which  have  failed  to  pay  the 
interest  thereon,  and  also  the  contingent  debt  on  State  stocks 
loaned  to  incorporated  companies  which  have  hitherto  paid  the 
interest  thereon,  whenever  and  as  far  as  any  part  thereof  may 
become  a  charge  on  the  Treasury  or  General  Fund,  until  the  same 
shall  be  wholly  paid ;  and  the  principal  and  income  of  the  said  last- 


82  GOVERNMENT   OF   NEW   YORK. 

mentioned  sinking  fund  sliall  be  sacredly  applied  to  the  purpose 
aforesaid;  and  if  tlie  payment  of  any  part  of  the  moneys  to  the 
said  sinking  fund  shall  at  any  time  be  deferred,  by  reason  of  the 
priority  recognized  in  the  first  section  of  this  article,  the  sum  so 
deferred,  with  quarterly  interest  thereon,  at  the  then  current  rate, 
shall  be  paid  to  the  last-mentioned  sinking  fund,  as  soon  as  it  can 
be  done  consistently  with  the  just  rights  of  the  creditors  holding 
said  Canal  Debt. 

3.  The  canals.  —  The  first  and  second  sections  of  this  article 
having  been  fully  compiled  with,  no  tolls  shall  hereafter  be  imposed 
on  persons  or  property  transported  on  the  canals,  but  all  boats 
navigating  the  canals,  and  the  owners  and  masters  thereof,  shall  be 
subject  to  such  laws  and  regulations  as  have  been  or  may  hereafter 
be  enacted  concerning  the  navigation  of  the  canals.  The  legisla- 
ture shall  annually,  by  equitable  taxes,  make  provision  for  the 
expenses  of  the  superintendence  and  repairs  of  the  canals.  The 
canal  debt  contracted  under  the  section  hereby  amended,  which  on 
the  first  day  of  October,  eighteen  hundred  and  eighty,  amounted  to 
eight  million  nine  hundred  and  eighty-two  thousand  two  hundred 
dollars,  shall  continue  to  be  known  as  the  "  canal  debt,  under  article 
seven,  section  three  of  the  constitution;"  and  tlie  sinking  fund 
applicable  to  the  payment  thereof,  together  with  the  contributions 
to  be  made  thereto,  shall  continue  to  be  known  as  the  "  canal  debt 
sinking  fund,"  and  the  principal  and  interest  of  said  debt  shall  be 
met  as  provided  in  the  fifth  section  of  this  article.  All  contracts 
for  work  or  materials  on  any  canal  shall  be  made  with  the  person 
who  shall  offer  to  do  or  provide  the  same  at  the  lowest  price  with 
adequate  security  for  their  performance.  No  extra  compensation 
shall  be  made  to  any  contractor;  but  if,  from  any  unforeseen  cause, 
the  terms  of  any  contract  shall  prove  to  be  unjust  and  oppressive, 
the  canal  board  may,  upon  the  application  of  the  contractor,  cancel 
such  contract. 

4.  State  loans. — The  claims  of  the  State  against  any  incorpo- 
rated company  to  pay  the  interest  and  redeem  the  principal  of  the 
stock  of  the  State  loaned  or  advanced  to  such  company,  shall  be 
fairly  enforced,  and  not  released  or  compromised  ;  and  the  moneys 
arising  from  such  claim  shall  be  set  apart,  and  applied  as  part  of 
the  sinking  fund  provided  in  the  second  section  of  this  article.  But 
the  time  limited  for  the  fulfilment  of  any  condition  of  any  release  or 
compromise  heretofore  made  or  provided  for,  may  be  extended  by  law. 


CONSTITUTION   OF   NEW   YORK.  83 

5.  Taxation.  —  There  shall  annually  be  imposed  and  levied  a  tax 
■which  shall  be  sufficient  to  pay  the  interest  and  extinguish  the  prin- 
ciple of  the  canal  debt  mentioned  in  the  third  section  of  this  article, 
as  the  same  shall  become  due  and  payable,  and  the  proceeds  of  such 
tax  shall,  in  each  fiscal  year,  be  appropriated  and  set  apart  for  the 
sinking  fund  constituted  for  the  payment  of  the  principal  and  in- 
terest of  the  aforesaid  debt.  But  the  legislature  may,  in  its  discre- 
tion, imi^ose  for  the  fiscal  year,  beginning  on  the  first  day  of  October, 
eighteen  hundred  and  eighty-three,  a  state  tax  on  each  dollar  of  the 
valuation  of  the  property  in  this  State  which  may  by  law  then  be 
subject  to  taxation,  sufficient,  with  the  accumulations  of  the  sinking 
fund  applicable  thereto,  to  pay  in  full  both  the  principal  and  interest 
of  the  canal  debt  before  mentioned,  and  the  proceeds  of  such  tax 
shall  be  appropriated  and  set  apart  for  the  sinking  fund  constituted 
for  the  payment  of  the  principal  and  interest  of  said  debt.  In  the 
event  of  such  action  by  the  legislature,  then  the  legislature  shall, 
under  the  law  directing  the  assessment  and  levy  of  such  tax,  make 
such  provision  for  the  retirement  of  the  canal  debt  as  it  shall  deem 
equitable  and  just  to  the  creditors  of  the  state. 

6.  Canals. — The  legislature  shall  not  sell,  lease,  or  otherwise 
dispose  of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  or  the  Black  River  canal,  but  they 
shall  remain  the  property  of  the  state  and  under  its  management 
forever.  All  funds  that  may  be  derived  from  any  lease,  sale,  or 
other  disposition  of  any  canal  shall  be  applied  in  payment  of  the 
canal  debt  mentioned  in  the  third  section  of  this  article. 

7.  Salt  Springs.  —  The  Legislature  shall  never  sell  or  dispose 
of  the  Salt  Springs  belonging  to  this  State.  The  lands  contiguous 
thereto  and  wiiich  may  be  necessary  and  convenient  for  the  use  of 
the  Salt  Springs,  may  be  sold  by  authority  of  law  and  under  the 
direction  of  the  Commissioners  of  the  Land  Office,  for  the  purpose 
of  investing  the  moneys  arising  therefrom  in  other  lands,  alike 
convenient ;  but  by  such  sale  and  purchase  the  aggregate  quantity 
of  these  lands  shall  not  be  diminished. 

8.  Appropriation  bills.  —  No  moneys  shall  ever  be  paid  out  of 
the  Treasury  of  this  State,  or  any  of  its  funds,  or  any  of  the  funds 
under  its  management,  except  in  pursuance  of  an  appropriation  by 
law;  nor  unless  such  payment  be  made  within  two  years  next  after 
the  passage  of  such  appropriation  act ;  and  every  such  law  making 
a  new  appropriation,  or  continuing  or  reviving  an  appropriation. 


84  GOVERNMENT    OF   NEW    YORK. 

shall  distinctly  specify  the  sum  appropriated,  and  the  object  to 
which  it  is  to  be  applied ;  and  it  shall  not  be  sufficient  for  such  law 
to  refer  to  any  other  law  to  fix  such  sum. 

9.  State  credit.  —  The  credit  of  the  State  shall  not,  in  any  man- 
ner, be  given  or  loaned  to,  or  in  aid  of  any  individual,  association 
or  corporation. 

10.  State  debts. —  The  State  may,  to  meet  casual  deficits  or 
failures  in  revenues,  or  for  expenses  not  provided  for,  contract  debts, 
but  such  debts,  direct  and  contingent,  singly  or  in  the  aggregate,' 
shall  not,  at  any  time,  exceed  one  million  of  dollars;  and  the 
moneys  arising  from  the  loans  creating  such  debts  shall  be  applied 
to  the  purpose  for  vviiich  they  were  obtained,  or  to  repay  the  debt  so 
contracted,  and  to  no  other  purpose  wliatever. 

11.  State  debts.  — In  addition  to  the  above  limited  power  to 
contract  debts,  the  State  may  contract  debts  to  repel  invasion,  sup- 
press insurrection,  or  defend  the  State  in  war;  but  the  money  aris- 
ing from  the  contracting  of  such  debts  shall  be  applied  to  the  pur- 
pose for  which  it  was  raised,  or  to  repay  such  debts,  and  to  no  other 
purpose  whatever. 

12.  Legislative  power  limited.  — Except  the  debts  specified  in 
the  tenth  and  eleventh  sections  of  this  article,  no  debts  shall  be 
hereafter  contracted  by  or  on  behalf  of  this  State,  unless  such  debt 
shall  be  authorized  by  a  law,  for  some  single  work  or  object,  to  be 
distinctly  specified  therein  ;  and  such  law  shall  impose  and  provide 
for  the  collection  of  a  direct  annual  tax  to  pay,  and  sufiiicient  to 
pay  the  interest  on  such  debt  as  it  falls  due  and  also  to  pay  and  dis- 
charge the  principal  of  such  debt  within  eighteen  years  from  the 
time  of  the  contracting  thereof.  No  such  law  shall  take  effect  until 
it  shall,  at  a  general  election,  have  been  submitted  to  the  people, 
and  have  received  a  majority  of  all  the  votes  cast  for  and  against 
it,  at  such  election.  On  the  final  passage  of  .such  bill  in  either 
house  of  the  Legislature,  the  question  shall  be  taken  by  ayes  and 
noes,  to  be  duly  entered  on  the  journals  thereof,  and  shall  be : 
"  Shall  this  bill  pass,  and  ought  the  same  to  receive  the  sanction  of 
the  people  ? " 

The  Legislature  may  at  any  time,  after  the  approval  of  such  law 
by  the  people,  if  no  debt  sliall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same  ;  and  may  at  any  time,  by  law,  forbid  the 
contracting  of  any  furtlier  debt  or  liability  under  such  law;  but 
the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and  liability 


CONSTITUTION    OF   NEW    YORK.  85 

which  may  have  been  contracted,  in  pursuance  of  such  law,  shall 
remain  in  force  and  be  irrepealable,  and  be  annuall}'  collected,  until 
the  proceeds  thereof  shall  have  made  the  provision  hereinbefore 
specified  to  pay  and  discharge  the  interest  and  principal  of  such 
debt  and  liability.  The  money  arising  from  any  loan  or  stock 
creating  such  debt  or  liability  shall  be  applied  to  the  work  or  object 
specified  in  the  act  authorizing  such  debt  or  liability,  or  for  the 
repayment  of  such  debt  or  liability,  and  for  no  other  purpose  what- 
ever. No  such  law  shall  be  submitted  to  be  voted  on,  within  three 
months  after  its  passage,  or  at  any  general  election,  when  any  other 
law  or  any  bill,  or  any  amendment  to  the  Contsitution  shall  be  sub- 
mitted to  be  voted  for  or  against. 

13.  Sinking  funds.  —  Tlie  sinking  funds  provided  for  the  pay- 
ment of  interest  and  the  extinguishment  of  the  principal  of  the  debts 
of  the  State  shall  be  separately  kept  and  safely  invested,  and  neither 
of  them  shall  be  appropriated  or  used  in  any  manner  other  than  for 
the  specific  purpose  for  which  it  shall  have  been  provided. 

14.  Claims  burred.  —  Neither  the  Legislature,  Canal  Board, 
Canal  Appraisers,  nor  any  person  or  persons  acting  in  behalf  of  the 
State,  shall  audit,  allow,  or  pay  any  claim  which,  as  between  citizens 
of  tlie  State,  would  be  barred  by  lapse  of  time.  The  limitation  of 
e.xisting  claims  shall  begin  to  run  from  the  adoption  of  this  section; 
but  this  provision  shall  not  be  construed  to  revive  claims  already 
barred  by  existing  statutes,  nor  to  repeal  any  statute  fixing  the  time 
within  which  claims  shall  be  presented  or  allowed,  nor  shall  it  extend 
to  any  claims  duly  presented  within  the  time  allowed  by  law,  and 
prosecuted  with  due  diligence  from  the  time  of  such  presentment. 
But  if  the  claimant  shall  be  under  legal  disability,  the  claim  may  be 
presented  within  two  years  after  such  disability  is  removed. 

ARTICLE   V 11 1— Corporations. 

1.  Ho\v  created.  —  Corporations  may  be  formed  under  general 
laws  ;  but  shall  not  be  created  by  special  act,  except  for  municipal 
purposes,  and  in  cases  where,  in  the  judgment  of  the  Legislature, 
the  objects  of  the  corporation  cannot  be  attained  under  general 
laws.  All  general  laws  and  special  acts  passed  pursuant  to  this  sec- 
tion may  be  altered  from  time  to  time  or  repealed. 

2.  Debts.  —  Dues  from  corporations  shall  be  secured  by  such 
individual  liability  of  the  corporators  and  other  means  as  may  be 
prescribed  by  law. 


86 


GOVERNMENT    OF    NEW    YORK. 


3.  Definition.  —  The  term  corporations  as  used  in  this  article 
shall  be  construed  to  include  all  association  and  joint-stock  com- 
panies having  any  of  the  powers  or  privileges  of  corporations  not 
possessed  by  individuals  or  partnerships.  And  all  corporations 
shall  have  the  right  to  sue  and  shall  be  subject  to  be  sued  in  all 
courts  in  like  cases  as  natural  persons. 

4.  Bank  charters.  —  The  Legislature  shall,  by  general  law, 
conform  all  charters  of  savings  banks,  or  institutions  for  savings,  to 
a  uniformity  of  powers,  rights  and  liabilities,  and  all  charters  liere- 
after  granted  for  such  corporations  sliall  be  made  to  conform  to 
such  general  law,  and  to  such  amendments  as  may  be  made  thereto. 
And  no  such  corporation  shall  have  any  capital  stock,  nor  shall  the 
trustees  thereof,  or  any  of  them,  have  any  interest  whatever,  direct 
or  indirect,  in  the  profits  of  such  corporation;  and  no  director  or 
trustee  of  any  such  bank  or  institution  shall  be  interested  in  any 
loan  or  use  of  any  money  or  property  of  such  bank  or  institution 
for  savings.  The  Legislature  shall  have  no  power  to  pass  any  act 
granting  any  special  charter  for  banking  purposes ;  but  corporations 
or  associations  may  be  formed  for  sue!)  j)urposes  under  general  laws. 

5.  Specie  payments.  —  The  Legislature  shall  have  no  power  to 
pass  any  law  sanctioning  in  any  manner,  directly  or  indirectly,  the 
suspension  of  specie  payments,  by  any  person,  association  or  cor- 
poration issuing  bank  notes  of  any  description. 

6.  Registry  of  bills.  —  The  Legislature  shall  provide  by  law 
for  the  registry  of  all  bills  or  notes  issued  or  put  in  circulation  as 
money,  and  shall  require  ample  security  for  the  redemption  of  the 
same  in  specie. 

7.  Stockholders  responsible.  —  The  stockholders  in  every 
corporation  and  joint-stock  association  for  banking  purposes  issuing 
bank  notes  or  any  kind  of  paper  credits  to  circulate  as  money,  after 
the  first  day  of  Januar}',  one  thousand  eight  hundred  and  fifty,  shall 
be  individually  responsible  to  the  amount  of  their  respective  share 
or  shares  of  stock  in  any  such  corporation  or  association,  for  all  its 
debts  and  liabilities  of  every  kind,  contracted  after  the  said  first 
day  of  January,  one  thousand  eight  hundred  and  fifty. 

8.  Insolvency.  —  In  case  of  the  insolvency  of  any  bank  or  bank- 
ing association,  the  billholders  tliereof  shall  be  entitled  to  preference 
in  payment  over  all  other  creditors  of  such  bank  or  association. 

9.  Cities  and  villages.  —  It  shall  be  tlie  duty  of  tlie  Legisla- 
ture to   provide  for  the   organization    of   cities    and   incorporated 


CONSTITUTION   OF   NEW   YORK.  87 


villages,  and  to  restrict  their  power  of  taxation,  assessment,  borrow- 
ing money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
prevent  abuses  in  assessments,  and  in  contracting  debt  by  such 
municipal  corporations. 

10.  State  credit.  —  Neither  the  credit  nor  the  money  of  the 
State  sliall  be  given  or  loaned  to  or  in  aid  of  any  association, 
corporation  or  private  undertaking.  Tliis  section  shall  not,  how- 
ever, prevent  tlie  Legislature  from  making  such  provision  for  the 
education  and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile 
delinquents,  as  to  it  may  seem  proper.  Nor  sliall  it  ajiply  to  any 
fund  or  property  now  held,  or  which  may  hereafter  be  held  by  the 
State  for  educational  purposes. 

11.  Limitation  of  po\ver.  —  No  county,  city,  town  or  village 
shall  hereafter  give  any  money  or  property,  or  loan  its  money  or 
credit,  to  or  in  aid  of  any  individual,  association  or  corporation,  or 
become,  directly  or  indirectly,  the  owner  of  stock  in  or  bonds  of  any 
association  or  corporation,  nor  shall  any  such  county,  city,  town  or 
village  be  allowed  to  incur  any  indebtedness,  except  for  county,  city, 
town  or  village  purposes.  This  section  shall  not  _  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor,  as  may  be  authorized  by  law.  No  county 
containing  a  city  of  over  one  hundred  thousand  inhabitants,  or  any 
such  city,  shall  be  allowed  to  become  indebted  for  any  purpose  or 
in  any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared  by 
the  assessment-rolls  of  said  county  or  city  on  the  last  assessment 
for  State  or  county  taxes  prior  to  the  incurring  of  such  indebted- 
ness;  and  all  indebtedness  in  excess  of  such  limitation,  except  such 
as  may  now  exist,  shall  be  absolutely  void,  except  as  herein  other- 
wise provided.  No  such  county  or  such  city  whose  present  indebt- 
edness exceeds  ten  per  centum  of  the  assessed  valuation  of  its  real 
estate  subject  to  taxation  shall  be  allowed  to  become  indebted  in 
any  further  amount  until  such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  construed  to  prevent  the  issu- 
ing of  certificates  of  indebtedness  or  revenue  bonds  issued  in  antici- 
pation of  the  collection  of  taxes  for  amounts  actually  contained,  or 
to  be  contained  in  the  taxes  for  the  year  when  such  certificates  or 
revenue  bonds  are  issued  and  payable  out  of  such  taxes.  Nor  shall 
this  section  be  construed  to  prevent  the  issue  of  bonds  to  provide 


88  GOVEENMENT   OF  NEW  YOEK. 

for  the  supply  of  water,  but  the  term  of  the  bonds  issued  to  provide 
for  the  supply  of  water  shall  not  exceed  twenty  years,  and  a  sink- 
ing fund  shall  be  created  on  the  issuing  of  the  said  bonds  for  their 
redemption,  by  raising  annually  a  sum  which  will  produce  an 
amount  equal  to  the  sum  of  the  principal  and  interest  of  said  bonds 
at  their  maturity.  The  amount  hereafter  to  be  raised  by  tax  for 
county  or  city  purposes,  in  any  county  containing  a  city  of  over  one 
hundred  thousand  inhabitants,  or  any  such  city  of  this  State,  in  ad- 
dition to  providing  for  the  principal  and  interest  of  existing  debt, 
shall  not  in  the  aggregate  exceed  in  any  one  year  two  per  centum 
of  the  assessed  valuation  of  the  real  and  personal  estate  of  such 
county  or  city,  to  be  ascertained  as  prescribed  in  this  section  in 
respect  to  county  or  city  debt. 

ARTICLE   IX.  —  School  Funds. 

1.  The  capital  of  the  common  school  fund,  the  capital  of  the 
literature  fund,  and  the  capital  of  the  United  States  deposit  fund, 
shall  be  respectively  preserved  inviolate.  The  revenue  of  the  said 
common  school  fund  shall  be  applied  to  the  support  of  common 
schools ;  the  revenue  of  the  said  literature  fund  shall  be  applied  to 
the  support  of  academies,  and  the  sum  of  twenty-five  thousand  dol- 
lars of  the  revenues  of  the  United  States  deposit  fund  shall  each 
year  be  appropriated  to  and  made  part  of  the  capital  of  the  said 
common  school  fund. 

ARTICLE   X.  — County  Officers. 

1.  Election  of  certain  officers.  —  Sheriffs,  clerks  of  counties, 
including  the  Register  and  Clerk  of  the  city  and  county  of  New 
York,  Coroners  and  District  Attorneys,  shall  be  chosen,  by  the 
electors  of  the  respective  counties,  once  in  every  three  years  and  as 
often  as  vacancies  shall  happen.  Sheriffs  shall  hold  no  otiier  oflSce, 
and  be  ineligible  for  the  next  three  years  after  the  termination  of 
their  offices.  They  may  be  required  by  law  to  renew  their  security, 
from  time  to  time,  and  in  default  of  giving  such  new  security,  their 
offices  shall  be  deemed  vacant.  But  the  county  shall  never  be  made 
responsible  for  the  acts  of  the  sheriff.  The  Governor  may  remove 
any  officer  in  this  section  mentioned,  within  the  term  for  which  he 
shall  have  been  elected,  giving  to  such  officer  a  copy  of  the  charges 
against  hhn,  and  an  opportunity  of  being  heard  in  his  defence. 


CONSTITUTION   OF   NEW  YORK. 


2.  Choosing  other  officers.  —  All  county  officers  whose  elec- 
tion or  appointment  is  not  provided  for  by  this  Constitution,  sliall 
be  elected  by  the  electors  of  tlie  respective  counties  or  appointed 
by  tlie  Boards  of  Supervisors,  or  other  county  authorities,  as  tlie 
Legislature  shall  direct.  All  city,  town  and  village  officers,  whose 
election  or  appointment  is  not  provided  for  by  this  Constitution, 
shall  be  elected  by  the  electors  of  such  cities,  towns  and  villages, 
or  of  some  division  thereof,  or  appointed  by  such  authorities  there- 
of, as  the  Legislature  shall  designate  for  that  purpose.  All  other 
officers  whose  election  or  appointment  is  not  provided  for  by  this 
Constitution,  and  all  officers  whose  offices  may  hereafter  be  created 
by  law,  shall  be  elected  by  the  people,  or  apjiointed,  as  the  Legisla- 
ture may  direct. 

3.  Term  of  oflfioe.  —  When  the  duration  of  any  office  is  not 
provided  by  this  Constitution,  it  may  be  declared  by  law,  and  if 
not  so  declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment. 

4.  Time  of  election.  —  The  time  of  electing  all  officers  named 
in  this  article  shall  be  prescribed  by  law. 

5.  Vacancies.  — The  Legislature  shall  provide  for  filling  vacan- 
cies in  office,  and  in  case  of  elective  officers,  no  person  appointed 
to  fill  a  vacancy  shall  hold  his  office  by  virtue  of  such  appoint- 
ment longer  than  the  commencement  of  the  political  year  next 
succeeding  the  first  annual  election  after  the  happening  of  the 
vacancy. 

6.  Political  year.  —  The  political  year  and  Legislative  term 
shall  begin  on  the  first  day  of  January  ;  and  the  Legislature  shall, 
every  year,  assemble  on  the  first  Tuesday  in  January,  unless  a  dif- 
ferent day  shall  be  appointed  bj-  law. 

7.  Removal.  —  Provision  shall  be  made  by  law  for  the  removal 
for  misconduct  or  malversation  in  office  of  all  officers  (except 
judicial)  whose  powers  and  duties  are  not  local  or  legislative  and 
who  shall  be  elected  at  general  elections,  and  also  for  supplying 
vacancies  created  by  such  removal. 

8.  Offices  deemed  vacant.  —  The  Legislature  may  declare  the 
cases  in  wliich  any  office  shall  be  deemed  vacant  when  no  provision 
is  made  for  that  purpose  in  this  Constitution. 

9.  Salaries. — No  officer  whose  salary  is  fixed  by  the  Constitu- 
tion shall  receive  any  additional  compensation.  Each  of  the  other 
State  officers  named  in  the  Constitution  shall,  during  his  continu- 


90  GOVERKMENT   OF   NEW  YORK. 

ance  in  office,  receive  a  compensation,  to  be  fixed  by  law,  which 
shall  not  be  increased  or  diminished  during  the  term  for  which  he 
shall  have  been  elected  or  appointed;  nor  shall  he  receive  to  his 
use,  any  fees  or  perquisites  of  office  or  other  compensation. 

ARTICLE  XI.— Militia. 

1.  Bearing  arms.  —  The  militia  of  this  State  shall,  at  all  times 
hereafter,  be  armed  and  disciplined  and  in  readiness  for  service ; 
but  all  such  inhabitants  of  this  State  of  any  religious  denomination 
whatever  as  from  scruples  of  conscience  may  be  aA'erse  to  bearing 
arms,  shall  be  excused  therefrom  upon  such  conditions  as  shall  be 
prescribed  by  law. 

2.  Ollicers.  —  Militia  officers  shall  be  chosen,  or  appointed,  as 
follows :  Captains,  subalterns,  and  non-commissioned  officers  shall 
be  chosen  by  tiie  written  votes  of  the  members  of  their  respective 
companies.  Field  officers  of  regiments  and  separate  battalions  by 
the  written  votes  of  the  commissiojied  officers  of  the  respective 
regiments  and  separate  battalions;  Brigadier-Generals  and  Brigade 
Inspectors  by  the  field  officers  of  tlieir  respective  brigades ;  Major- 
Generals,  Brigadier-Generals  and  commanding  officers  of  regiments 
or  separate  battalions,  shall  appoint  the  staff  officers  to  their  respec- 
tive divisions,  brigades,  regiments  or  separate  battalions. 

3.  Appointments. —  The  Governor  shall  nominate,  and  with 
the  consent  of  the  Senate,  appoint  all  Major-Generals  and  the 
Commissary-General.  The  Adjutant-General  and  other  Chiefs  of 
staff  departments,  and  the  Aides-de-Camp  of  the  Commander-in- 
Chief,  shall  be  appointed  by  the  Governor,  and  their  commissions 
shall  expire  with  the  time  for  which  the  Governor  shall  have  been 
elected.  The  Commissary-General  shall  hold  his  office  for  two 
years.  He  shall  give  security  for  the  faithful  execution  of  the 
duties  of  Iiis  office  in  such  manner  and  amount  as  shall  be  pre- 
scribed by  law. 

4.  Elections. — The  Legislature  shall,  by  law,  direct  the  time 
and  manner  of  electing  militia  officers,  and  of  certifying  their 
elections  to  the  Governor. 

5.  Commissions. — The  commissioned  officers  of  the  militia 
shall  be  commissioned  by  the  Governor;  and  no  commissioned  of- 
ficer shall  be  removed  from  office,  unless  by  the  Senate  on  the 
recommendation  of  the    Governor,  stating   the  grounds  on  which 


CONSTITUTION   OF  NEW   YORK.  91 

euch  removal  is  recommended,  or  by  the  decision  of  a  court-mar- 
tial, pursuant  to  law.  Tiie  present  officers  of  the  militia  shall  hold 
their  commissions  subject  to  removal,  as  before  provided. 

6.  Changes.  —  In  case  the  mode  of  election  and  appointment 
of  militia  otficcrs  hereby  directed,  shall  not  be  found  conducive  to 
the  improvement  of  tlie  militia,  the  Legislature  maj'  abolish  the 
same,  and  provide  by  law  for  tiieir  appointment  and  removal,  if 
two-thirds  of  the  members  present  in  each  house  shall  concur 
therein. 

ARTICLE   XII.  — Oath   of  Office. 

1.  Form  prescribed.  —  Members  of  the  Legislature  (and  all 
officers,  executive  and  judicial,  except  sucli  inferior  officers  as  shall 
be  by  law  exempted),  siiall,  before  tiiey  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or  affirma- 
tion :  "I  do  solemnly  swear  (or  affirm)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  State 
of  New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  according  to  the  best  of  my  ability;" 

and  all  such  officers  who  shall  have  been  chosen  at  any  election 
shall,  before  they  enter  on  the  duties  of  tlieir  respective  offices, 
take  and  subscribe  the  oath  or  affirmation  above  prescribed, 
together  with  the  following  addition  thereto,  as  part  thereof: 

"  And  I  do  further  solemnly  swear  (or  affirm)  tliat  I  have  not 
directly  or  indirectly  paid,  oiYered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute,  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have 
not  made  any  promise  to  influence  the  giving  or  withholding  any 
such  vote,"  and  no  other  oath,  declaration  or  test,  shall  be  required 
as  a  qualification  for  any  office  of  public  trust. 

ARTICLE   XIII.  —  Amendments. 

1.  Ho'w  made.  —  Any  amendment  or  amendments  to  this  Con- 
stitution may  be  proposed  in  the  Senate  and  Assembly ;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the  next 


92  GOVERNTVIENT   OF  NEW   YORK. 

general  election  of  Senators,  and  sliall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice,  and  if  in  the 
Legislature  so  next  chosen,  as  aforesaid,  such  proposed  amendment 
or  amendments  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  Legislature 
to  submit  such  proposed  amendment  or  amendments  to  the  people, 
in  such  manner  and  at  such  time  as  the  Legislature  shall  prescribe ; 
and  if  the  people  shall  approve  and  ratify  such  amendment  or 
amendments,  by  a  majority  of  the  electors  qualified  to  vote  for 
members  of  the  Legislature,  voting  thereon,  such  amendment  or 
amendments  shall  become  part  of  the  Constitution. 

3.  Conventions,  how  called.  —  At  the  general  election  to  be 
held  in  the  year  eighteen  hundred  and  sixty-six,  and  in  each  twenti- 
eth year  thereafter,  and  also  at  such  time  as  the  Legislature  may 
by  law  provide,  the  question,  "  Shall  there  be  a  convention  to  revise 
the  constitution,  and  amend  the  same?"  shall  be  decided  by  the 
electors  qualified  to  vote  for  members  of  the  Legislature;  and  in 
case  a  majority  of  the  electors  so  qualified,  voting  at  such  election, 
shall  decide  in  favor  of  a  convention  for  such  purpose,  the  Legis- 
lature at  its  next  session  shall  provide  by  law  for  the  election  of 
delegates  to  such  convention. 

ARTICLE   XV.  —  Bribery  and  Corruption. 

1.  Any  person  holding  office  under  the  laws  of  this  State,  who, 
except  in  payment  of  his  legal  salary,  fees  or  perquisites,  shall 
receive  or  consent  to  receive,  directly  or  indirectly,  any  thing  of 
value  or  of  personal  advantage,  or  the  promise  thereof,  for  perform- 
ing or  omitting  to  perform  any  official  act,  or  with  the  express  or 
implied  understanding  that  his  official  action  or  omission  to  act  is  to 
be  in  any  degree  influenced  thereby,  shall  be  deemed  guilty  of  a 
felony.  This  section  shall  not  affect  the  validity  of  any  existing 
statute  in  relation  to  the  offence  of  bribery. 

2.  Any  person  wlio  shall  offer  or  promise  a  bribe  to  an  officer,  if 
it  shall  be  received,  shall  be  deemed  guilty  of  a  felony  and  liable  to 
punisiiment,  except  as  herein  provided.  No  person  offering  a  bribe 
shall,  upon  any  prosecution  of  the  officer  for  receiving  such  bribe, 
be  privile-ged  from  testifying  in  relation  thereto,  and  he  shall  not  be 
liable  to  civil  or  criminal  prosecution  therefor,  if  he  shall  testify  to 
the  giving  or  offering  of  such  bribe.    Any  person  who  shall  offer  or 


CONSTITUTION  OF  NEW   YORK.  93 


promise  a  bribe,  if  it  be  rejected  by  tlie  officer  to  whom  it  was  ten- 
dered, shall  be  deemed  guilty  of  an  attempt  to  bribe,  wliich  is  hereby 
declared  to  be  a  felony. 

3.  Any  person  charged  with  receiving  a  bribe,  or  with  offering  or 
promising  a  bribe,  shall  be  permitted  to  testify  in  his  own  behalf  in 
any  civil  or  criminal  prosecution  therefor. 

4.  Any  District  Attorney  who  shall  fail  faithfully  to  prosecute  a 
person  charged  with  the  violation  in  his  county  of  any  provision  of 
tills  article  which  may  come  to  his  knowledge  shall  be  removed  from 
office  by  the  Governor,  after  due  notice  and  an  opportunity  of  being 
heard  in  his  defence.  The  expenses  which  shall  be  incurred  by  any 
county,  in  investigating  and  prosecuting  any  charge  of  bribery  or 
attempting  to  bribe  any  person  holding  office  under  the  laws  of  this 
State,  within  such  county,  or  of  receiving  bribes  by  any  such  person 
in  said  county,  shall  be  a  charge  against  the  State,  and  their  pay- 
ment by  the  State  shall  be  provided  for  by  law. 


ARTICLE    XVI.  — When  Amendments  Take  Effect. 

1.  All  amendments  to  the  Constitution  shall  be  in  force  from  and 
including  tlie  first  day  of  January  succeeding  the  election  at  which 
the  same  were  adopted,  except  when  otherwise  provided  by  such 
amendments. 


158 


159 


160 


Ax  Amendment  to  Section  6  of  Article  YI.  of  the  Consti- 
tution. 

Whenever,  and  as  often  as  there  shall  be  such  an  accumulation  of 
causes  on  the  Calendar  of  the  Court  of  Appeals  that  the  public  interests 
require  a  more  speedy  disposition  thereof,  the  said  Court  may  certify  such 
fact  to  the  Governor,  who  shall  thereupon  designate  seven  Justices  of  the 
Supreme  Court  to  act  as  Associate  Judges,  for  the  time  being,  of  the 
Court  of  Appeals,  and  to  form  a  second  division  of  said  Court,  and  who 
shall  act  as  such  until  all  the  causes  upon  the  said  Calendar  at  the  time 
of  the  making  of  such  certificate  are  determined,  or  the  Judges  of  said 
Court,  elected  as  such,  shall  certify  to  the  Governor  that  said  causes  are 
substantially  disposed  of,  and  on  receiving  such  certificate,  the  Governor 
may  declare  said  second  division  dissolved  and  the  designation  of  Justices 
to  serve  thereon  shall  thereupon  expire.  The  second  division  of  said 
court,  hereby  authorized  to  be  constituted,  shall  be  competent  to  deter- 


94  GOVERNMENT   OF   NEW   YORK. 

mine  any  causes  on  said  Calendar  which  may  be  assigned  to  such  division 
by  the  Court  composed  of  Judges  elected  to  serve  in  the  Court  of  Appeals, 
and  that  Court  may  at  any  time  before  judgment  direct  any  of  the  causes 
so  assigned  to  be  restored  to  its  Calendar  for  hearing  and  decision.  The 
rules  of  practice  in  both  divisions  shall  be  the  same.  Five  members  of 
the  court  shall  be  sufficient  to  form  a  quorum  for  said  second  division  and 
the  concurrence  of  four  shall  be  necessary  to  a  decision.  The  judges 
composing  said  second  division  shall  appoint  from  their  number  a  Chief 
Judge  of  such  division,  and  the  Governor  may  from  time  to  time,  when  in 
his  judgment  the  public  interests  may  require,  change  the  designation  of 
any  Justice  of  the  Supreme  Court  to  serve  in  such  division,  and  may  fill 
any  vacancy  occurring  therein,  by  designating  any  Justice  of  the  Supreme 
Court  to  fill  such  vacancy.  Said  second  division  may  appoint  and  remove 
a  crier  and  such  attendants  as  may  be  necessary.  The  judges  composing 
said  second  division  shall  not  during  the  time  of  their  service  therein  ex- 
ercise any  of  the  functions  of  Justices  of  the  Supreme  Court,  nor  receive 
any  salary  or  compensation  as  such  Justices,  but  in  lieu  thereof  shall 
during  such  term  of  service  receive  the  same  compensation  as  the  Associ- 
ate Judges  of  the  Court  of  Appeals.  They  shall  have  power  to  appoint 
the  times  and  places  of  their  sessions,  within  this  State,  and  the  Clerk  and 
Reporter  of  the  Court  of  Appeals  shall  be  Clerk  and  Reporter  of  said 
second  division, 


SENATE  DISTRICTS. 


95 


SENATE    DISTRICTS. 

I.   Queens  and  Suffolk. 

II.  The  First,  Second,  Fifth,  Sixth,  Eighth,  Ninth,  Tenth,  Twelfth, 
and  Twenty-second  wards  of  Brooklyn,  and  the  towns  of 
Flatbush,  Gravesend,  and  New  Utrecht. 

III.  The  Third,  Fourth,  Seventh,  Eleventh,  Thirteenth,  Nineteenth, 

Twentieth,  Twenty-first,  and  Twenty-third  wards  of  Brooklyn. 

IV.  The    Fourteenth,   Fifteenth,   Sixteenth,    Seventeenth,    Twenty- 

fourth,  Twenty-fifth,  and  Twentj'-sixth  wards  of    Brooklyn, 
and  Flatlands. 
V.    Richmond,  the  First,  Second,  Third,  Fifth,  Sixth,  Eighth,  Four- 
teentli,  and   parts   of   the  Fourth  and  Ninth  wards  of  New 
York,  and  Governor's,  Bedloes,  and  Ellis  Islands. 
VI.   The  Seventh,  Eleventh,  and  a  part  of  the  Fourth  wards  of  New 

York. 
VII.    The  Tenth,  Seventeenth,  and  parts  of  the  Fifteenth,  Eighteenth, 

and  Twenty-first  wards  of  New  York. 
VIII.    The  Sixteenth,  and  parts-  of  the  Ninth,  Fifteentli,  Eighteenth, 
and  Twentieth  wards  of  New  York. 
IX.    The  Eighteenth,  Nineteenth,  and  Twenty-first  wards,  lying  east 

of  Third  Avenue,  New  York,  and  Blackwell's  Island. 
X.   Parts  of  the  Twentieth,  Twentj--first,  Nineteenth,  Twelfth,  and 
Twenty-second  wards.  New  York,  and  Ward's  and  Randall's 
Islands. 
XI.   The   Twenty-third,  Twenty-fourth,  and   parts   of   the   Twelfth, 

Twentieth,  and  Twenty-second  wards  of  New  York. 
XII.   ^Yestchester  and  Rockland. 

XIII.  Orange  and  Sullivan. 

XIV.  Ulster,  Schoharie,  and  Greene. 
XV.   Dutchess,  Columbia,  and  Putnam. 

XVI.  Rensselaer  and  Washington. 

XVII.  Albany. 

XVIII.  Saratoga,  Fulton,  Hamilton,  Montgomery,  and  Schenectady. 

XIX.  Clinton,  Essex,  and  Warren. 

XX.  St.  Lawrence,  Franklin,  and  Lewis. 

XXI.  Oswego  and  Jefferson. 

XXII.  Oneida. 

XXIII.  Madison,  Otsego,  and  Herkimer. 

XXIV.  Delaware,  Chenango,  and  Broome. 


96  .  GOVERNMENT    OF   NEW   YORK. 

XXV.  Onondaga  and  Cortland. 

XXVI.  Caj'uga,  Tompkins,  Seneca,  and  Tioga. 

XXVII.  Cliemung,  Steuben,  Alleghany. 

XXVIII.  Wayne,  Ontario,  Schuyler,  and  Yates. 

XXIX.  Monroe  and  Orleans. 

XXX.  Genesee,  Wyoming,  Livingston,  and  Niagara. 

XXXI.  Erie. 

XXXII.  Cattaraugus  and  Chautauqua. 


THE    ASSEMBLY    DISTRICTS. 

Alleghany,  Broome,  Chemung,  Chenango,  Clinton,  Columbia,  Cortland,  Del- 
aware, Essex,  Franklin,  Genesee,  Greene,  Herkimer,  Lewis,  Livingston, 
Madison,  Montgomery,  Ontario,  Orleans,  Putnam,  Richmond,  Rockland, 
Schenectady,  Schoharie,  Schuyler,  Seneca,  Suffolk,  Sullivan,  Tioga, 
Tompkins,  Warren,  Wyoming,  Yates,  are  each  one  district.  Fulton  and 
Hamilton  are  united,  forming  one  district. 

Cattaraugus,  Cayuga,  Chautauqua,  Dutchess,  Jefferson,  Niagara,  Orange, 
Oswego,  Otsego,  Queens,  Saratoga,  Steuben,  WajMie,  Washington,  have 
each  two  districts. 

Monroe,  Oneida,  Onondaga,  Rensselaer,  St.  Lawrence,  Ulster,  and  West- 
chester, have  each  three  districts. 

Albany  has  four  districts. 

Erie  has  five  districts. 

Kings  has  twelve  districts. 

New  York  has  twenty-four  districts. 


TiVBLE   OF   DEPARTMENTS,   DISTRICTS,    ETC. 


97 


TABLE  OF  DEPARTMENTS,  DISTRICTS,  AND  COUNTIES, 
EMBRACED  IN  A  GENERAL  TERM  OF  THE  SUPREME 
COURT. 


First  Dkpartmext 

Consists  of 


First  District 


•{ 


City  and  County 
of  New  York. 


Second  Department 
Consists  of 


Second  District.  - 


Counties : 
Richmond, 
Kings, 
Queens, 
SutYolk, 
Westeliester, 
Putnam, 
Dutchess, 
Orange,  and 
Rockland. 


Third  Department 
Consists  of 


Third  District. 


Fourth  District. 


Counties : 
Columbia, 
Renssalaer, 
Sullivan, 
Ulster, 
Albany, 
Greene,  and 
Schoharie. 

Counties : 
Warren, 
Saratoga, 
St.  Lawrence, 
Washington, 
Essex, 
Franklin, 
Clinton, 
Montgomery, 
Hamilton, 
Fulton,  and 
Schenectady. 


98 


GOVERNMENT    OF   NEW   YORK. 


Fourth  Department 
Consists  of 


Fifth  District. 


Sixth  District. 


Counties: 
Onondaga, 
Jefferson, 
Oneida, 
Oswego, 
Herkimer,  and 
Lewis. 

Counties: 
Otsego, 
Delaware, 
Madison, 
Clienango, 
Tompkins, 
Broome, 
Chemung, 
Scliuyler, 
Tioga,  and 
Cortland. 


Fifth  Department 
Consists  of 


Seventh  District. 


Eighth  District. 


Counties : 
Livingston, 
Ontario, 
Wayne, 
Yates, 
Steuben, 
Seneca, 
Cayuga,  and 
.  Monroe. 

Counties : 
Erie, 

Chautauqua, 
Cattaraugus, 
Orleans, 
Niagara, 
Genesee, 
Alleghany,  and 
Wyoming. 


INDEX 


COXSTITUTIOX  AXD  LOCAL  AXD  STATE  GOVERNMENT 
OF  THE  STATE  OF  NEW  YORK. 


Academies,  support  of,  88. 

Actions  or  suits,  by  or  against  corpo- 
rations, 86. 

Adjournment,  neither  house  to  ad- 
journ without  consent  of  the  other, 
66. 

Adjutant-general,  appointment  and 
tenure  of  office,  90. 

Agricultural  land,  certain  leases  or 
grants  to  be  void,  Gl ;  experiment 
station,  25,  26. 

Alienation  of  lands,  restraints  upon, 
to  be  void,  61. 

Amendments,  4,  66,  91,  103. 

Appropriations,  68,  83. 

Assembly,  7,  8,  9;  accepting  U.  S. 
office,  vacates  seat  of  member,  66 ; 
compensation  of  members,  65 ; 
election  to  be  held  in  November, 
66;  has  the  power  of  impeach- 
ment, 74 ;  majority  of,  necessary 
to  pass  bills,  66 ;  members  not  to 
■  be  questioned  elsewhere  for  words 
said  in  debate,  GG ;  members  not 
to  receive  civil  appointments,  65  ; 
members  not  to  receive  state  civil 
appointments,  65 ;  not  to  adjourn 
without  the  consent  of  the  senate, 


66;  number  of  members,  7,  64; 
number  when  and  how  apportioned 
and  chosen,  64 ;  to  choose  its  own 
officers,  66;  to  judge  of  qualifica- 
tions, election,  etc.,  66;  to  keep  a 
journal,  and  publish  the  same,  66; 
to  sit  with  open  door,  except,  etc., 
66 ;  who  ineligible  to,  66. 

Assessors,  the,  43. 

Attorney-general,  12,  13,  71,  72,  74. 

Attorney,  district,  35,  51. 

Ayes  and  noes,  66,  68,  71,  77,  84,  91. 

Bail,  excessive,  not  to  be  required, 
59. 

Ballot,  elections  to  be  b3',  except  for 
town  officers,  63. 

Banking,  86. 

Bank  notes  or  bill,  86. 

Betting  on  elections,  persons  to  be 
excluded  from  voting,  6,  63. 

Bills,  9,  66,  67,  69,  71,  84. 

Board  of  Aldermen,  46. 

Board  of  Claims,  17. 

Board  of  Health,  state,  21,  22,  23. 

Borrowing  money,  83,  84,  87. 

Bribery,  92,  93. 

Bridges,  43,  49,  67. 

Brooklyn,  6,  77,  78. 


100 


INDEX. 


Buffalo,  77. 

Canal  board,  72,  73,  74,  82. 

Canals,  50,  82,  83. 

Charities,  Board  of,  27,  28. 

Constitution,  a,  4. 

Cities,  4,  45,  85,  86,  87,  89. 

Citizens,  5,  59,  60. 

Civil  Service  Commission,  19,  20,21. 

Counties,  38,  39,  64,  65,  68,  87,  88,  89. 

County  seats,  change  of,  67. 

Crime,  no  one  to  answer  except  on 
presentments,  etc.,  35,  60. 

Criminal  cases,  no  one  to  be  witness 
against  himself,  60. 

Clerk  and  register  of  New  York,  88, 
89. 

Clerk  of  court  of  appeals,  75,  80. 

Clerk  of  the  supreme  court,  county 
clerks  to  be,  80. 

Code,  commissioners  to  reduce  laws 
into,  61. 

Collector,  the,  43. 

Colonial  acts,  the  law  of  this  state, 
61. 

Commissary-general,  90. 

Commissioners  of  the  canal  fund, 
powers  and  duties,  74. 

Commissioners  of  the  land  office,  74, 
83 ;  who  shall  be,  73. 

Commissioners  to  frame  code,  61. 

Common  law,  part  of  the  law  of  this 
state,  61. 

Common  council,  46. 

Common  school  fund,  88. 

Compensation  of  county  judges,  78; 
of  judges  of  court  of  appeals  and 
justices  of  supreme  court,  78 ;  of 
justices  of  city  court,  78;  of  mem- 
bers of  the  legislature,  8,  65;  of 
the  governor,  10,  70 ;  of  the  lieu- 
tenant-governor, 12,  70. 

Comptroller,  13,  71,  73. 

Congress,  members  of,  ineligible  to 
the  legislature,  8,  66. 


Conscience,  liberty  of,  59,  90. 

Constitution,  amendments,  4,  91,  92, 
93. 

Contractors,  67,  68,  82. 

Coroners,  41,  88,  89. 

Corporate  rights  or  charters  not  af- 
fected, 62. 

Corporations,  85,  86,  87. 

County  clerks,  40,  78,  80;  vacancies, 
how  filled,  89. 

County  courts,  powers  and  jurisdic- 
tion, 29,  78. 

County  judge,  and  surrogate,  78,  79, 
80. 

County  treasurer,  40. 

Courts,  the,  28. 

Court  of  appeals,  30,  31,  75,  76,  77, 
78,  79,  80,  93. 

Court  of  sessions,  78,  80. 

Court,  supreme,  30,31,  37,  75,  76,  77, 
78,  79,  80,  93. 

Courts,  inferior  local,  may  be  estab- 
lislied  by  legishiture,  79 ;  of  oyer 
and  terminer,  justice  of  supreme 
court  may  preside  in,  76 ;  of  record 
in  cities,  judgments  of,  may  be  re- 
moved to  court  of  appeals  for  re- 
view, 80. 

Credit  or  money  of  state,  not  to  be 
loaned,  87. 

Criminal  proceedings,  35,  36,  37. 

Dairy  commissioner,  24,  25. 

Debate,  legislative  freedom  of,  se- 
cured, 66. 

Debt,  81,  83,  84,  87. 

Debts,  62,  82. 

Decisions,  judicial,  80.  [93. 

District  attorneys,  35,  40,  51,  88,  89, 

Districts,  7,  50,  64,  95,  96. 

Districts,  judicial,  51,  75,  76. 

Divorce  not  to  be  granted  without 
judicial  proceedings,  60. 

Duration  of  office,  when  not  fixed  by 
law,  89. 


INDEX. 


101 


Election  returns,  47. 

Electors,  47,  48,  G2,  03. 

Engineer  [see  State  engineer  and 
surveyor]. 

Enumeration  of  inhabitants,  when 
taken,  04. 

Erie  canal,  not  to  be  sold,  leased, 
etc.,  8o. 

Escheat  to  the  people,  01. 

Executive  power  vested  in  the  gover- 
nor, 10,  00. 

Exceptions,  37. 

Feudal  tenures  abolished,  01. 

Fines,  59,  01. 

Fisheries,  Commission  of,  20. 

Forests,  Commission  of,  20,  27. 

Freedom,  debate  in  legislature  se- 
cured, 00 ;  speech,  religion,  and 
press  secured,  59,  00. 

Fund,  no  money  paid  from,  without 
appropriation,  83. 

Gauging,  office  for,  abolished,  74. 

Governor,  10,  11,  12,  09,  70,  71,  74, 
88,  90,  93. 

Grants,  01,  02. 

Habeas  corpus,  not  to  be  suspended, 
except,  etc.,  59. 

Hamilton  county,  to  elect  members 
with  Fulton,  04,  05. 

Highways  and  bridges,  49. 

Highway  commissioners,  43. 

Impeachment,  74,  75. 

In  criminal  proceedings,  35. 

Indians,  01. 

Indictment,  not  to  be  tried  without, 
00. 

Individual  rights,  5. 

Infamous  crime,  40,  49,  00,  03. 

Inferior  local  courts  may  be  estab- 
lished, 79. 

Inspections,  all  oflSces  for,  abolished, 
and  not  to  be  created,  74. 

Inspectors  of  state  prisons,  abolished, 
73. 


Interest,  regulating  rate  of,  53,  07. 

Invasions,  etc.,  84. 

Jeopardy,  not  to  be  put  twice  in,  for 
same  offence,  00. 

Journals  of  each  house  to  be  kept 
and  published,  except,  etc.,  00. 

Judges,  28,  29,  30,  31,  74,  75,  77,  78, 
80. 

Judicial,  decisions,  free  from  publi- 
cation, 80  ;  officers,  except  justices 
of  the  peace,  not  to  receive  fees, 
80 ;  legislature  to  direct  time  and 
manner  of  appointment  of  oflScers, 
79 ;  officers  may  not  serve  after 
seventy  years  of  age,  78;  jtroceed- 
ings,  32. 

Jurors,  drawing,  etc.,  32,  07. 

Jury,  37,  59,  00. 

Justices,  28,  29,  30,  31,  74,  75,  77,  78, 
79,  80. 

Justice's  court,  29. 

King  of  Great  Britain,  grants  of  land 
by,  02. 

Labor  statistics,  bureau  of,  24. 

Land,  01 ;  office,  commissioners  of, 
74;  purchases  from  Indians  void, 
unless,  etc.,  01. 

Law  and  equity,  supreme  court  of, 
75. 

Laws,  00,  07,  09,  84. 

Legislature,  7,  8,  9;  compensation  of 
members  of,  05  ;  each  house  not  to 
adjourn  without  consent,  00 ;  each 
house  to  choose  its  own  officers,  00  ; 
each  house  to  determine  its  own 
rules,  00;  each  house  to  judge  of 
elections,  GO ;  each  house  to  keep  a 
journal,00 ;  each  house  to  keep  open 
doors,  GO ;  extra  session  of,  how 
called,  09 ;  freedom  of  debate  in,  CO ; 
legislative  term,  80  ;  majority  con- 
stitutes a  quorum,  on  ;  may  author- 
ize judgments,  etc. ,70 ;  may  change 
mode  of  choosing  officers,  01 ;  may 


102 


INDEX. 


confer  powers  of  local  legislation, 
69;  members  not  to  receive  civil 
ai^pointments,  65;  not  to  audit  or 
allow  a  private  claim,  68 ;  not  to 
grant  extra  coi)ipensation  to  public 
officers,  68 ;  not  to  pass  private  or 
local  bills  in  certain  cases,  68 ; 
to  create  corporations  by  general 
laws,  85;  to  declare  what  consti- 
tutes vacancy,  89 ;  to  direct  as  to 
appointment  of  judicial  officers,  79; 
to  elect  governor  and  lieutenant- 
governor  in  certain  cases,  69;  to  fix 
time  for  electing  militia  officers, 
81;  to  pass  general  laws,  68;  to 
provide  for  filling  vacancies  in  of- 
fice, 89 ;  to  provide  for  organiza- 
tion of  cities  and  villages,  86 ;  to 
provide  for  publication  of  all  stat- 
utes, 80 ;  to  provide  removal  of 
officers,  89 ;  to  restrict  the  powers 
of  cities  and  villages,  86 ;  vote  on 
removal  of  certain  judicial  officers, 
how  taken,  77  ;  vote  to  be  entered 
on  journals,  77  ;  what  constitutes, 
7,64;  when  elected,  66;  when  to 
assemble,  89;  who  is  ineligible 
to,  66. 

Liability  of  corporations  and  stock- 
holders, 85,  86. 

Libel,  law,  facts  to  be  determined  by 
the  jury,  60. 

Lieutenant-governor,  8, 12,  69,  70,  74. 

Life  and  liberty,  not  to  be  deprived 
of,  without,  etc.,  60. 

Limitation  of  claims  against  state,  85. 

Literature  fund  inviolate,  and  reve- 
nues, how  applied,  88. 

Local  bills,  subject  to  be  expressed 
in  title,  67;  judicial  officers,  77; 
legislation,  may  be  conferred  on 
supervisors,  09. 

Lotteries  prohibited,  60. 

Lunacy,  commissioner  in,  28. 


Majority  of  each  house,  66. 

Measures  and  weights,  standard  of, 
how  supplied,  74. 

Measuring,  office  for,  abolished,  and 
not  to  be  created,  74. 

Message,  governor  to  communicate 
by,  69,  71. 

Militia,  48,  69,  90,  91. 

Money,  83,  84. 

Municipal  corporations,  85,  86. 

Names,  change  of,  67. 

New  York  City,  6,  77,  78. 

Oath  of  office,  form  of,  52 ;  no  other 
test  required,  91. 

Officers,  12,  74,  89,  90,  91,  92. 

Oyer  and  terminer  [see  Court  of]. 

Pardons  and  commutations,  etc.,  70. 

Personal  liability  of  stockholders 
and  corporations,  etc.,  85,  86. 

Petition,  right  of,  not  to  be  abridged, 
60. 

Political,  year,  when  to  begin,  89; 
rights  and  duties,  53. 

Poor,  the,  49. 

President  of  the  senate,  lieutenant- 
governor,  casting  vote,  etc.,  70. 

Prisons,  superintendent  of,  73. 

Private  or  local  bills,  60,  67. 

Property,  60,  61,  62. 

Public  schools,  48. 

Public  money  or  property  taken  for 
local  or  private  purposes  requires 
two-thirds,  00 ;  not  to  be  paid  with- 
out appropriation  in  two  years,  83. 

Public  works,  superintendent,  ap- 
pointment of,  72. 

Punishment,  cruel  or  unusual,  not  to 
be  inflicted,  59. 

Qualifications  of  electors,  62,  66. 

Quarantine,  commissioners  of,  23, 24. 

Quarter  sales  to  be  void,  61. 

Question  on  bill  to  borrow  money, 
how  put,  84. 

Quorum,  majority  of  each  house,  66, 


INDEX. 


103 


68 ;  what  to  constitute,  iH  court  of 
appeals,  75. 

Railroad  commissioners,  17,  18,  19. 

Railroad  tracks,  granting  right  to 
lay,  G7. 

Regents,  the,  14,  15,  16. 

Register  in  New  York  [see  Clerk 
and  register,  New  York  City]. 

Religion,  freedom  in,  secured,  50. 

Removal  of  officers,  other  than  judi- 
cial, local  or  legislative,  89. 

Rent  and  services,  certain,  saved 
and  protected,  61. 

Reporter  of  court  of  appeals  to  he 
appointed  by  court,  75 ;  of  su- 
preme court  to  be  appointed,  80. 

Reports  of  decisions  to  be  published, 
80. 

Reprieves  and  pardons  for  offences, 
70. 

Residence,  of  electors,  63;  of  per- 
sons eligible  to  the  oflSce  of  gov- 
ernor, 69. 

Resolutions,  certain,  law  of  the  state, 
61. 

Revenues  of  canals,  81,  82. 

Roads,  laying  out  of,  etc.,  67. 

Rules,  each  house  to  determine  its 
own,  8,  66. 

Sailors  may  vote,  6,  62. 

Salaries  of  state  officers,  58. 

Salt  springs,  lands  contiguous,  83. 

Savings  banks,  86. 

School  commissioners,  41. 

School  district,  44. 

School  fund,  capital  inviolate,  and 
revenues,  how  applied,  88. 

Secrecy  of  legislative  proceedings, 
when  allowed,  66. 

Secretary  of  state,  12,  71,  73. 

Senate,  accepting  U.  S.  office  vacates 
seat  in,  8;  appointments  to  certain 
oflBces  to  be  made  by  governor,  72, 
73,  76  ;  compensation,  65 ;  districts, 


7,  64,  94;  extra  session  may  be 
convened,  69;  freedom  of  debate 
secured,  66 ;  majority,  00. 

Senate,  may  remove  militia  officers 
on  recommendation  of  governor, 
80 ;  general  rules  to  govern,  64, 
65,  66,  70,  74. 

Sheriffs,  39,  88. 

Sinking  fund,  81,  82,  85. 

Soldiers  may  vote,  62. 

Speaker  of  the  assembly,  8,  65,  73. 

Specie  payments  of  banks,  86;  of 
bank  bills  to  be  secured,  86. 

Speech,  freedom  of,  secured,  60,  66. 

State,  a,  38 ;  claims,  against  the,  not 
to  be  audited  or  allowed,  85 ;  en- 
gineer and  surveyor,  12, 13,  72,  73 
inspector  of  prisons  abolished,  73 
may  create  a  $1,000,000  debt,  84 
not  to  loan  its  credit,  84;  not  to 
loan  its  money  or  credit,  87  ;  pris- 
ons [see   Superintendent  of   pris- 
ons]. 

Statutes,  61,  80. 

Street  railroads,  67. 

Struck  jury,  a,  37. 

Suffrage,  62,  63. 

Superintendent  of  public  instruction, 
14 ;  of  prisons,  37,  73 ;  of  public 
works,  13,  72 ;  of  insurance,  16 ; 
of  banking,  17. 

Supervisors,  43 ;  of  counties  to  make 
assembly  districts,  64 ;  board  of, 
in  each  county,  68 ;  boards  of,  may 
have  poAver  of  local  legislation, 
68;  of  New  York  City  to  make 
senate  districts,  64  ;  the,  40,  43 ; 
county  board  of,  40,  41. 

Supreme  court,  28,  30,  75,  76,  77,  78, 
79,  80. 

Surrogate,  county  judge  to  act  as, 
29,  78 ;  courts  of  record  may  per- 
form duties  of,  in  certain  cases, 
70;  election  of,  may  be  provided 


104 


INDEX. 


for,  78;  election  of  special,  may 
be  provided  for,  79 ;  term  of  of- 
fice, 78. 

Surrogate's  court,  how  relieved  in 
certain  cases,  80. 

Surveyor,  state  [see  Engineer  and 
surveyor]. 

Swamps,  draining  of,  67. 

Taxation,  cities  and  villages  to  be 
restricted  in  power  of,  86. 

Tax,  68,  83. 

Taxes,  51. 

Testimony  in  equity  cases,  how  ta- 
ken, 76. 

Title  of  bills,  local  and  private,  67. 

Town,  42,  87 ;  officers  to  be  elected 
or  appointed,  42,  89 ;  clerk,  43. 

Travel  of  members  of  the  legisla- 
ture, compensation  for,  65. 

Treason,  70. 

Treasurer,  12,  13,  71,  73. 

Treasury,  no  money  to  be  paid  from, 
without  appropriation,  83. 

Two-thirds  of  all  elected  to  pass  cer- 
tain bills,  60;  of  all  present  on 
bill  returned  by  governor,  71 ;  of 


all  present  to  change  mode  of 
electing  militia  officers,  etc.,  91. 

United  States,  deposit  fund,  88 ;  of- 
ficers, judicial  or  military,  not  to 
hold  seat  in  legislature,  W. 

Vacancy  in  office  of  treasurer,  74; 
judge  of  court  of  appeals,  75; 
justice  of  supreme  court,  76;  legis- 
lature to  declare  what  constitutes, 
89 ;  provide  for  filling,  89 ;  sher- 
iffs, etc.,  how  filled  until  next 
political  year,  89. 

Venue,  change  of,  67. 

Veto  of  the  governor,  71. 

Villages,  44,  67,  86,  87,  89. 

Votes,  certain,  for  members  of  the 
legislature,  void,  65. 

Voters,  5,  6,  62. 

Weighing,  all  officers  for,  abolished, 
74. 

Weights  and  measures,  standaru  of, 
how  supplied,  74. 

Witness,  59,  60,  92,  93. 

Year,  political  and  legislative  term, 
89. 

Yeas  and  nays  [see  Ayes  and  noes]. 


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